Chancery Court Dismisses Claims Against Board of Lear Corp. for Payment of Termination Fee to Bidder Led by Carl Icahn

In Re Lear Corp. Shareholder Litigation, 2008 WL 4053221 (Del. Ch., Sept. 2, 2008), read opinion here. This is the third Chancery Court decision in about as many (business) days that addresses the issue of whether: claims against a board of directors will be dismissed based on the exculpation clause... Continue Reading...

Updates from the Annual ABA Meeting in New York City

I am at the Annual ABA Meeting in New York City today. I just attended a helpful presentation on the multi-faceted aspects of the attorney/client privilege in the context of shareholder derivative suits and special litigation committees of the board of directors. Wilmington lawyer Kurt Heyman moderated the panel that... Continue Reading...