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...

Deloitte Wins Summary Judgment Against Former Partner for Fiduciary Duty and Related Claims

Deloitte LLP v. Flanagan, No. 4125-VCN (Del Ch., Dec. 29, 2009), read opinion here. Prior Delaware opinions dealing with the Deloitte firm and its former partners have been highlighted on this blog here. Overview This Delaware Court of Chancery opinion addresses claims against a former Deloitte partner for breach of... Continue Reading...

Chancery Court Grants Partial Summary Judgment to Both Parties in Self-Dealing Case

Rhodes v. SilkRoad Equity, LLC, Del. Ch., No. 2133-VCN (April 15, 2009), read letter opinion here. Prior opinions in this case from the Delaware Chancery Court were reviewed on this blog here. Kevin Brady, a highly respected Delaware litigator, provides us with the benefit of his following review of this... Continue Reading...

Chancery Distinguishes Contract-Based and Common Law-Based Fiduciary Duty Voluntarily Assumed

In re: Cencom Cable Income Partners, L.P. Litigation, (Del. Ch., Nov. 26, 2008), read opinion here. This Chancery Court decision denied in part and granted in part Defendants’ motions for summary judgment involving issues of fiduciary duty and candor. (see footnote 1 for citations to three prior opinions in this... Continue Reading...