Inspecting Corporate Books and Records in a Digital World: The Role of Electronically Stored Information is the title of the latest law review article that I co-authored with Kevin Brady. A former associate also joined us as a co-author. The article will appear in The Delaware Journal of Corporate Law in the issue distributed
"section 220"
Key Delaware Corporate and Commercial Decisions in First 4 Months of 2012
The following key Delaware corporate and commercial decisions from the first four months of 2012 are a follow-up to our summary of the key decisions that we featured from 2011. We highlight on these pages all the corporate and commercial opinions from Delaware’s Supreme Court and Court of Chancery, and we have chosen the…
Chancery Denies Motion to Compel Supplemental Section 220 Production Due to Post-Trial Developments
By Francis Pileggi on
Posted in Court of Chancery Updates
Amalgamated Bank v. NetApp, Inc., C.A. No. 6772-VCG (Del. Ch. Feb. 6, 2012).
Issue Addressed
Whether supplemental documents should be produced to comply with post-trial determination pursuant to DGCL Section 220 that books and records must be provided.
Background
In October 2010, the plaintiff in this case filed a stockholder derivative action in California based…
Chancery Grants Records Under Section 220 Despite Pending Federal Securities Suit
By Francis Pileggi on
Posted in Court of Chancery Updates
Paul v. China MediaExpress Holding, Inc., C.A. No. 6570-VCP (Del. Ch. Jan. 5, 2012), read opinion here.
Issues Addressed
(1) Whether a Section 220 case should be stayed pending the outcome of a related federal securities suit; and (2) Whether the shareholder in this case established a proper purpose to inspect books and…
Noteworthy 2011 Corporate and Commercial Decisions from Delaware’s Supreme Court and Court of Chancery
Noteworthy 2011 Corporate and Commercial Decisions from Delaware’s Supreme Court and Court of Chancery.
By: Francis G.X. Pileggi and Kevin F. Brady.
Introduction
This is the seventh year that we are providing an annual review of key Delaware corporate and commercial decisions. During 2011, we reviewed and summarized approximately 200 decisions from Delaware’s Supreme Court…
Chancery Dismisses Section 220 Suit Filed After Derivative Suit
By Francis Pileggi on
Posted in Court of Chancery Updates
Central Laborers Pension Fund v. News Corp., C.A. No. 6287-VCN (Del. Ch. Nov. 30, 2011), read letter ruling here. In this case involving a request for books and records under DGCL Section 220, the Court dismissed the suit as duplicative of a parallel suit for breach of fiduciary duty in connection with the…
Supreme Court Affirms Chancery’s Denial of Request for Hewlett Packard Report
By Francis Pileggi on
Posted in Delaware Supreme Court Updates
In Espinoza v. Hewlett-Packard Co., read opinion here, the Delaware Supreme Court yesterday affirmed the Court of Chancery’s denial of a request under DGCL Section 220 for a report regarding the investigation relating to the ouster of former Hewlett Packard CEO Mark Hurd. Highlights of prior Chancery decisions in this matter are available here.…