Posted on May 23, 2009 by Francis G.X. Pileggi

Chancery Court Dismisses Class Action Allegations of Overpayment in Recapitalization Transaction on Standing Basis But Disclosure Claims Allowed to Proceed

Dubroff, et al. v. Wren Holdings, LLC, et al., Del. Ch., No. 3940-VCN (May 22, 2009), read opinion here. Kevin Brady, a highly-respected Delaware litigator, provides us with the benefit of his following review of this Delaware Chancery Court decision. On May 22, 2009, Vice Chancellor Noble granted in... Continue Reading...
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Posted on January 2, 2009 by Francis G.X. Pileggi

Top 5 Delaware Cases from 2008--Rebuttal to Professor Brown

Last year, I replied to Professor J. Robert Brown's list of the top 5 Delaware cases that, in his view, supported his negative perspective of Delaware law that remains the constant refrain on his blog called: The Race to the Bottom. My introductory explanation from my rebuttal of last year... Continue Reading...
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Posted on December 19, 2008 by Francis G.X. Pileggi

Chancery Interprets LLC Agreement that Modifes Fiduciary Duties

Kahn v. Portnoy, (Del. Ch., Dec. 11, 2008), read opinion here. This Chancery Court opinion deals with the important concept of the ability to modify fiduciary duties in an LLC agreement. In this derivative case involving an LLC, the LLC agreement's modification of fiduciary duties was not clear enough to... Continue Reading...
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