Frank Reynolds, who has been covering Delaware corporate decisions for various national publications for over 40 years, prepared this article.

 A  Delaware Supreme Court panel recently upheld the Court of Chancery’s decision that breach-of-good-faith and conflict-of-interest claims that arose from a post-closing merger earnout dispute after the acquisition of online video game developer Kixeye were

Argyle Solutions, Inc. v. Professional Systems Corporation, Del. Ch., No. 4382-VCN (May 4, 2009), read opinion here.

This Chancery Court decision interpreted a soon-to-be-outdated provision of the Delaware Uniform Arbitration Act. In particular, on April 2, 2009 the Governor of Delaware signed into law legislation that will require arbitrators to resolve “in the first