Posted on January 19, 2010 by Francis G.X. Pileggi

Delaware Court of Chancery Explains Procedural Prerequisites to Rebut Business Judgment Rule Protection for Board of Directors; Defines "Interested" Director and Lack of Director "Independence"

Robotti & Co. LLC v. Liddell, No. 3128-VCN (Del. Ch., Jan. 14, 2010), read opinion here. See summary of Court of Chancery's prior Section 220 decision involving these parties here. This 43-page Delaware Court of Chancery decision could serve as a “mini-law review article” that explains the current Delaware law... Continue Reading...
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Posted on February 7, 2009 by Francis G.X. Pileggi

Chancery Court Allows Purchaser to Continue Post-Closing Dispute Based on Contract Claims

BAE Systems Information and Electronic Systems Integration Inc. v. Lockheed Martin, (Del. Ch., Feb. 3, 2009), read opinion here. We are fortunate to have the following review and analysis of this case prepared by Kevin Brady, a partner in the Business Law Group at the Wilmington, Delaware, office of Connolly... Continue Reading...
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Posted on February 7, 2009 by Francis G.X. Pileggi

Chancery Addresses Claims That Ex-Employees of Agilent Took Trade Secrets to Start New Company

Agilent Technologies, Inc. v. Kirkland, (Del. Ch., Jan. 20, 2009), read opinion here. The common fact pattern addressed in this Chancery Court decision: ex-employee's former employer alleges that confidential data taken from former employer is being used against it by ex-employee in new business. This case began with claims involving... Continue Reading...
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Posted on December 21, 2008 by Francis G.X. Pileggi

Fiduciary Duty Claims Survive Motion to Dismiss, But Not Disclosure Claims

Brinckerhoff v. Texas Eastern Products Pipeline Company, LLC , (Del. Ch., Nov. 25, 2008), read opinion here. In this decision, the Chancery Court denied a motion to dismiss based on Rule 12(b)(6), in connection with a fiduciary duty claim against certain directors. The Court found that the simple allegation that... Continue Reading...
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