A recent Delaware Court of Chancery decision is a gem for those seeking the latest iteration of Delaware law on the requirements of DGCL § 273 regarding judicial dissolution of a joint venture corporation. In the matter styled: In Re Petition for Dissolution of M7 Energy Development Corporation and Convergent Innovation Technology Holdings, Inc.
Chancery Awards Fees for Breach of Forum Selection Clause
A recent Delaware Court of Chancery decision awarded fees incurred to defend a lawsuit that was filed in a forum contrary to the forum selection clause of the parties’ agreement, as well as the fees incurred in connection with enforcing the forum selection clause. In Namdar v. Fried, C.A. No. 2024-0535-JTL (Del. Ch. June
Self-Promotion Department
I am humbled and flattered to have been included again this year in The Best Lawyers in America ranking along with about 200 of my colleagues in about 50 offices around the country in the Lewis Brisbois firm.
Chancery Grants Partial Fee-Shifting for Breach of Fiduciary Duty and Spoliation
A recent decision from the Delaware Court of Chancery addressed damages for breach of the fiduciary duty of loyalty where they were not capable of precise measurement, and there was also a claim for spoliation. The most recent decision in this matter addresses damages. Sorrento Theraupetics, Inc. v. Mack, C.A. No. 2021-0210-PAF (Del. Ch.
Delaware Supreme Court revives Amazon Sec. 220 suit, clarifies “credible basis” standard
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 reversed the dismissal of an Amazon.com Inc. shareholder’s books and records action, finding that the complaint’s alleged violations of antitrust law established a “credible basis” from which the Court
Accountability Not Corporate Law’s Sole Value
| Leading corporate law professor Stephen Bainbridge provides an analysis of the titular topic in an article that cites to many sources, including his own scholarship, to support his view that: accountability must be balanced with authority. The introduction is quoted below: “One of the things that bugs me the most about much of normative corporate |
Sixth Edition of The National Law Review’s Delaware Corporate and Commercial Law Monitor
As the Editor-in-Chief of The National Law Review‘s publication called the Delaware Corporate and Commercial Law Monitor, I’m pleased to share the Sixth Edition that has now been published.
The Delaware Corporate and Commercial Law Monitor curates articles from many commentators around the country. Commentary from academia and practitioners continues to examine
Chancery “Xes” out investor’s suit over losses in Musk’s Twitter purchase
Frank Reynolds, who has been covering Delaware corporate decisions for various national publications for over 40 years, prepared this article.
The Delaware Court of Chancery recently dismissed all claims against Elon Musk and his X Corp. acquisition entities brought by a Twitter Inc. investor who claimed to have lost $1.88 million because of Musk’s alleged
Court of Chancery Grants Orders Changing Time-Stamped Filing Date Under Rule 5
This post was prepared by Andrew A. Ralli, an associate in the Delaware office of Lewis Brisbois.
When a time-stamped date of a court filing is important (e.g., complying with a scheduling order filing deadline) and the Register in Chancery rejects the electronic filing for some clerical reason, what remedy is available to
Chancery Stings with Finding of Breach of the Fiduciary Duty of Candor—A Cautionary Tale
A recent Delaware Court of Chancery decision is noteworthy for its deep dive into the doctrinal underpinnings of the various aspects of fiduciary duties, as well as the difference between the standard of conduct and the standard of review. But my favorite part of the opinion is its discussion of the nuances of duty of