This is the 20th-anniversary edition of Francis Pileggi’s annual list of key corporate and commercial decisions of the Delaware Supreme Court and the Delaware Court of Chancery. This year’s list does not attempt to include all important decisions of those courts that were rendered in 2024, and eschews some of the cases already extensively discussed
delaware supreme court
Delaware Supreme Court Clarifies Standards Applicable To Advance Notice Bylaws
Fanta Toure, a law clerk in the Delaware office of Lewis Brisbois, prepared this post.
The Supreme Court of Delaware issued a significant ruling in Kellner v. AIM Immunotech Inc., No. 2023-0879 (Del. Supr. July 11, 2024), addressing a legal challenge related to advance notice bylaws adopted by AIM Immunotech’s board in response…
Delaware’s Top Lawyers
The current issue of Delaware Today magazine published this month a list of “Top Lawyers” in Delaware for various areas of the law. Yours truly was included in the list under the category of “corporate law”. (There was no separate category for corporate litigation.) Congrats to my fellow Delaware lawyers who were included in the…
Delaware Supreme Court Emphasizes the Limited Scope of Section 225 Cases
The Delaware Supreme Court recently affirmed a Chancery decision that was highlighted on these pages, which described the limited scope of a summary proceeding under DGCL Section 225 to determine who properly holds a corporate office.
In Barby v. Young, No. 391-2023 Order (Del. June 11, 2024), the high court described that among…
Delaware Supreme Court revives Inovalon Holdings deal challenge; again clarifies MFW requirements
Frank Reynolds, who has been covering Delaware corporate decisions for various national publications for over 35 years, prepared this article.
The full Delaware Supreme Court recently reversed the dismissal of a shareholder challenge to a private equity consortium’s acquisition of Inovalon HoldingsInc. after finding the cloud-based healthcare industry support provider’s directors did not fully…
Delaware high court reverses part of Match.com suit dismissal, clarifies MFW standard
Frank Reynolds, who has been covering Delaware corporate decisions for various national publications for over 35 years, prepared this article.
The full Delaware Supreme Court recently revived part of an investor challenge to IAC/InterActive Corp’s spinoff of its internet dating subsidiary after finding that the deal that controller IAC imposed on minority shareholders did not…
Chancery says TripAdvisor Nevada charter change ruling fails quick appeal standards
Frank Reynolds, who has been covering Delaware corporate decisions for various national publications for over 35 years, prepared this article.
Vice Chancellor Travis Laster recently denied the TripAdvisor Inc. directors’ request for a quick appeal of his decision one month earlier to let shareholders press their charge that the board’s charter change move to Nevada…
19th Annual Review of Key Delaware Corporate and Commercial Decisions
By: Francis G.X. Pileggi, Sean M. Brennecke, Aimee M. Czachorowski, Rolando A. Diaz, Andrew A. Ralli, Andrew J. Czerkawski, Katherine R. Welch, and Fanta M. Toure
Reprinted courtesy of The Delaware Business Court Insider, ALM Media Properties, LLC, which published this on January 3, 2024.
This is the 19th year that Francis Pileggi has…
Delaware High Court gives investors another shot at proving pharma directors’ opioid liability
Frank Reynolds, who has been covering Delaware corporate decisions for various national publications for over 35 years, prepared this article.
A Delaware Supreme Court milestone ruling has revived a shareholder suit over pharmaceutical giant AmerisourceBergen Corp.’s role in the nation’s opioid crisis, finding the Court of Chancery should not have dismissed the derivative action by…
Chancery rules that Delaware allows grant of 10 votes per-share to “Up-C” CEO
Frank Reynolds, who has been covering Delaware corporate decisions for various national publications for over 35 years, prepared this article.
The Delaware Court of Chancery, in a guidepost ruling on the power to bestow super-voting stock, has dismissed a shareholder’s “identity-based voting” suit over Bumble Inc.’s decision to designate ten-votes-per-share only for the stock of…