Generally, a successful claim for advancement of legal fees for a former director or officer entitles the prevailing party to “fees on fees” incurred for obtaining the favorable ruling. A recent ruling from the newest member of the Delaware Court of Chancery explains the limitations or the contours of that general rule. In Wong v.

The Court of Chancery recently reiterated its expectations of Delaware discovery conduct at a hearing in Medicalgorithmics S.A. v. AMI Monitoring, Inc., C.A. No. 10948-CB (Transcript).  Notable among the Court’s comments at the hearing were:

  • The Court stressed the importance of attorney review of documents before production, saying that, absent a “quick-peek” agreement, attorney involvement

Bloomberg BNA is sponsoring a panel discussion on proposed amendments to the Delaware General Corporation Law (DGCL), such as a ban on fee-shifting bylaws in corporate litigation, that are expected to be passed by the legislature this month. The discussion will be on Twitter at 2:00 p.m. ET on June 3, 2015.

The panel includes

2009 Caiola Family Trust v. PWA, LLC, C.A. No. 8028-VCP (Del. Ch. Dec. 18, 2014).

This Delaware Court of Chancery opinion involves litigation over the management of a Delaware limited liability company formed to operate a residential apartment complex.  The plaintiffs are non-managing members of the company that owns 90% of membership interests and

In re Comverge, Inc. Shareholders Litigation, Cons. C.A. No. 7368-VCP (Nov. 25, 2014).

This Court of Chancery opinion addresses a motion to dismiss a stockholder challenge to a completed merger.  The plaintiffs contend that the board of directors of Comverge breached their fiduciary duties by conducting a flawed sales process and agreeing to unreasonable

Wal-Mart Stores, Inc. v. Indiana Electrical Workers, Del. Supr., No. 614, 2013.

A pending appeal before the Delaware Supreme Court addresses a claim under DGCL Section 220 for books and records of Wal-Mart in connection with allegations regarding misdeeds in their Mexican subsidiary.  While he was the Chancellor, the current Delaware Chief Justice made