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…

Eurofins Panlabs, Inc. v. Ricerca Biosciences, LLC, C.A. No. 8431-VCN (Del. Ch. May 30, 2014).

This Delaware Court of Chancery opinion provides an analysis of the Delaware Securities Act and concludes that it does not apply to the alleged fraud that occurred outside the State of Delaware.  The court explained that status as a…

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…

The Delaware Supreme Court heard oral argument a few days ago on whether parts of the various pleadings filed with the Court of Chancery in a dispute involving the Al Jazeera network and AT & T should be kept from the public based on an interpretation of the relatively recently adopted Court of Chancery Rule…

Andre Bouchard has been confirmed by the Delaware Senate as the new Chancellor for the Delaware Court of Chancery. Best wishes to the newest member of the Court.

Kevin Brady has written an article for the website of the Delaware Division of Corporations that provides an overview of Practice Guidelines for the Delaware Court of Chancery and best practices regarding discovery and related practice tips before Delaware’s equity court.

Prof. Larry Hamermesh is the director of The Institute of Delaware Corporate & Business Law, and has penned a post with insightful and learned commentary on shareholder activism in general, and in particular the claims against Sotheby’s use of the poison pill.