Applying a contractual fee-shifting provision when it is not clear which party prevailed, is a topic that does not benefit from an extensive body of case law, relatively speaking. The recent Court of Chancery decision in Great Hill Equity Partners IV, LP v. SIG Growth Equity Fund I, LLLP, C.A. No. 7906-VCG (Del. Ch. Dec.
fee-shifting
Chancery Denies Attorneys’ Fees for Successful Suit to Compel Annual Meeting
By Francis Pileggi on
Posted in Chancery Court Updates
The Court of Chancery recently denied a request for attorneys’ fees that were sought pursuant to the corporate benefit doctrine despite a successful suit under Section 211 of the Delaware General Corporation Law (DGCL) to compel a company to hold an annual meeting. In Martin v. Harbor Diversified, Inc., C.A. No. 2018-0762-SG (Del. Ch. Feb.…
Chancery Court Rejects Request for Fees and Costs Despite Granting Second Motion to Compel Discovery Against eBay
By Francis Pileggi on
Posted in Chancery Court Updates
eBay Domestic Holdings, Inc. v. Newmark, No. 3705-CC (Del. Ch. Oct. 29, 2009), read opinion here. See prior Chancery Court decisions in this case summarized here and here. This letter decision rules on a Motion to Compel discovery responses and continuations of depositions.
Background and Prior Order
There were six separate aspects of the…
Chancery Court Compensates Lead Plaintiff in Class Action Against Boston University
By Francis Pileggi on
Posted in Chancery Court Updates
Oliver v. Boston University, No. 16570-VCN (Del. Ch., May 29, 2009), read letter decision here. Prior opinions in this case by the Chancery Court were summarized here on this blog. This latest decision addresses a few open issues after the approval of a class action settlement.
Issues Addressed and Decided
- Award to Lead Plaintiff.
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Chancery Court Disqualifies Counsel Due to Litigation Conduct Involving Privileged Documents and Witness Interviews; and Addresses Standing to Allege Ethical Violations
By Francis Pileggi on
Posted in Chancery Court Updates
In Postorivo v. AG Paintball Holdings, Inc., 2008 WL 3876199 (Del. Ch., Aug. 20, 2008), read opinion here, the Chancery Court disqualified from the case (i.e., colloquially, kicked off the case) certain lawyers of the defense team due to their litigation conduct which also raised issues about their compliance with the Delaware Lawyers’ Rules of Professional Conduct. Though…