Posted on March 17, 2010 by Francis G.X. Pileggi

Court of Chancery Questions Special Litigation Committee's Independence and Investigation; Denies Motion to Dismiss Litigation

In London v. Tyrrell et al., C.A. No. 3321-CC (March 11, 2010), read opinion here, the Court of Chancery denied a special litigation committee’s (“SLC”) motion to dismiss a shareholder’s lawsuit under Zapata Corp. v. Maldonado, 430 A.2d 779 (Del. 1981) because there were material questions of fact regarding: (1)... Continue Reading...
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Posted on April 6, 2009 by Francis G.X. Pileggi

Chancery Court Grants Stay Requested by Special Litigation Committee Except for Production of Electronic Information

London v. Tyrrell, Del. Ch., No. 3321-CC (April 2, 2009), read letter decision here. Kevin Brady, a highly respected Delaware litigator, has provided us with the following case review. In a interesting twist on the issue of staying discovery so the Special Litigation Committee can complete its investigation, Chancellor Chandler,... Continue Reading...
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Posted on August 16, 2008 by Francis G.X. Pileggi

Court Allows Amended Complaint Despite Motion to Dismiss

Sutherland v. Sutherland, 2008 WL 3021024 (Aug. 5, 2008). This is an example of the Chancery Court's practical side which allows it to cut to the chase and avoid unnecessary procedural entanglements. In this case, despite a Motion to Dismiss that was pending, and in light of the multiple proceedings... Continue Reading...
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Posted on August 11, 2008 by Francis G.X. Pileggi

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...
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Posted on June 1, 2008 by Francis G.X. Pileggi

Chancery Explains Why Special Litigation Committee Report Was Rejected

In Sutherland v. Sutherland, 2008 WL 2221770 (Del. Ch., May 29, 2008), read opinion here, the Delaware Chancery Court denied a motion to reargue its May 5 decision, pursuant to Chancery Rule 59(f), in which it rejected the report of a one-person Special Litigation Committee (SLC). The prior decision sought... Continue Reading...
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