Amalgamated Bank v. Dauphin County Employees Retirement Fund, No. 67-2013 (Del. Supr., Feb. 26, 2013). This short Order of the Delaware Supreme Court is noteworthy because it declined to address an issue that has filled many of the pages of this blog over the last 8 years or so: What is the appropriate role of
interlocutory appeal
Delaware Requires Annual Shareholder Meeting Regardless of SEC Prerequisites
By Francis Pileggi on
Posted in Chancery Court Updates
Rich v. Fuqi Int’l, Inc., C.A. No. 5653-VCG (Del. Ch. Nov. 5, 2012).
Why this opinion is noteworthy: The Delaware Court of Chancery reaffirms in this pithy opinion that the Delaware General Corporation Law’s requirement in Section 211 that a shareholders’ meeting must be held annually, will not be suspended due to arguably conflicting…
Chancery Denies Motion for Interlocutory Appeal
By Francis Pileggi on
Posted in Chancery Court Updates
Israel Discount Bank of New York v. First State Depository Company, LLC, C.A. No. 7237-VCP (Del. Ch. Oct. 31, 2012).
Why is this case blogworthy: It features prior Delaware precedent to support the position that trial court decisions on arbitrability are not considered the types of disputes that warrant interlocutory review by the Delaware…
Dismissal of One Derivative Lawsuit Not Bar to Second Derivative Claim by Second Stockholder
By Francis Pileggi on
Posted in Chancery Court Updates
Louisiana Municipal Police Employees’ Retirement Systems v. Pyott, C.A. 5795-VCL (Del. Ch. June 11, 2012).
Issues Addressed
Whether collateral estoppel, Rule 23.1 or Rule 12(b)(6) apply to require the dismissal of a Delaware derivative suit based on the dismissal in California of a related derivative suit in which a federal court granted a Rule 23.1…
Chancery Confirms and Clarifies Delaware Law on Privilege Logs and How to Avoid Waiver by Insufficient Detail in a Privilege Log
By Francis Pileggi on
Posted in Chancery Court Updates
Klig v. Deloitte LLP, C.A. No. 4993-VCL (Del. Ch. Sept. 7, 2010), read opinion here.
Introduction
This 22-page opinion is must reading for any attorney who: (i) seeks to maintain an attorney-client privilege in Delaware litigation; (ii) needs to prepare a privilege log under Delaware law; (iii) practices in the Delaware Court of Chancery…