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Summary of key business law decisions primarily from Delaware's Chancery Court and Supreme Court
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Francis G.X. Pileggi
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Delaware Corporate and Commercial Litigation Blog

English - Delaware Chancery Court, Delaware Supreme Court, Commentary
http://www.delawarelitigation.com
Delaware Corporate and Commercial · 1d ago

Facts Not Ripe and Similar Case Stayed in Massachusetts — Court Stays Delaware Action

The Court of Chancery in LightLab Imaging, Inc. v. Axsun Technologies, Inc. and Volcano Corp., C.A. No. 6517-CS (May 10, 2012) granted the defendants’ motion to stay the Delaware action until the facts ripened finding that there was no prejudice … Continue reading →
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Delaware Corporate and Commercial · 5d ago

Recent Developments in Delaware Corporate and Alternative Entity Law

The Delaware State Bar Association’s Corporate Law Section is presenting its annual seminar entitled:  “Recent Developments in Delaware Corporate and Alternative Entity Law.”  Kevin F. Brady, Francis G.X. Pileggi and R. Montgomery Donaldson are the co-chairs again this year.  The … Continue re...
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Delaware Corporate and Commercial · 1W ago

Chancery Enjoins Hostile Bid as Remedy for Violation of Confidentiality Agreement

Martin Marietta Materials, Inc. v. Vulcan Materials Co., C.A. No. 7102-CS (Del. Ch. May 4, 2012). Issue Addressed: Whether the Court should enjoin a hostile bid based on the disclosure of information in violation of the parties’ confidentiality agreement. Short … Continue reading →
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Delaware Corporate and Commercial · 1W ago

Professor Bainbridge on a Corporation’s Essence

For those seeking a more profound understanding of the concept of a corporation’s essence on a somewhat philosophical–but still practical level, such as the relationship between the shareholder wealth maximization norm and the business judgment rule, an enlightening series of … Con...
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Delaware Corporate and Commercial · 1W ago

Update on Delaware Forum Selection Bylaw Litigation

Lawsuits filed in Delaware challenging provisions in bylaws (as compared to charters) which require shareholder suits to be litigated exclusively in Delaware were previously highlighted on these pages. An update on the status of these lawsuits has been prepared by … Continue reading →
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Delaware Corporate and Commercial · 2W ago

Updated Statistics on M&A Litigation

Kevin LaCroix on The D&O Diary highlights an April 2012 report written by Stanford Business School Professor Robert Daines and Cornerstone Research Principal Olga Kourmian entitled “Recent Developments in Shareholder Litigation Involving Mergers and Acquisitions”. Among the noteworth...
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Delaware Corporate and Commercial · 2W ago

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 … Continue reading →
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Delaware Corporate and Commercial · 2W ago

Delaware Court of Chancery and Federal Court in NY Compete for Jurisdiction Over BofA Settlement

As Alison Frankel of Thomson Reuters deftly explains in an article about the pending settlement in federal court in NY regarding a class action against Bank of America, the plaintiffs in a parallel suit against BofA pending in the Delaware Court of Chancery oppose … Continue reading →
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Delaware Corporate and Commercial · 2W ago

Lead Plaintiff Sells Shares After Tender Offer But Before Merger Closed; Court Still Approves Plaintiff as Class Representative

In In Re Celera Corporation Shareholder Litigation, C.A., No. 6304-VCP (Del. Ch. March 23, 2012) , the putative lead plaintiff in a class action, New Orleans Employees’ Retirement System (“NOERS”), brought an action accusing various defendants of breaching their fiduciary … Continue reading &#...
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Delaware Corporate and Commercial · 3W ago

Challenge to Advance Notice Bylaw Given Expedited Review

Icahn Partners LP v. Amylin Pharmaceuticals, Inc., C.A. No. 7404-VCN (Del. Ch. Apr. 20, 2012).    Issue Addressed: Whether a challenge to an advanced notice bylaw should be given expedited treatment.  That is, whether a colorable claim for interfering with the shareholder … Continue reading &#...
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