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Delaware Business Court Insider
By Cliff C. Gardner | August 23, 2023
In In re Edgio Stockholders Litigation, the Delaware Chancery Court was asked to apply the same cleansing effect to a claim for injunctive relief analyzed under Unocal, but Vice Chancellor Morgan Zurn found that Corwin was inapplicable.
6 minute read
Delaware Business Court Insider
By Nathaniel J. Stuhlmiller | August 16, 2023
In Building Trades Pension Fund of Western Pennsylvania v. Desktop Metal, a stockholder plaintiff brought derivative claims against Desktop Metal, Inc., alleging that a provision of the company's rights plan, which was adopted in connection with a proposed merger transaction, impermissibly chilled the free exercise of stockholder voting with respect to the merger agreement at an upcoming stockholder meeting.
6 minute read
By Abigail Adcox | August 13, 2023
Simulated hearings are common at a small cadre of Big Law firms, including Wilmer, Hogan Lovells, Covington, Akin and Gibson Dunn.
6 minute read
Delaware Business Court Insider
By Elizabeth S. Fenton | August 9, 2023
Delaware has a tool, and it remains underutilized: the Delaware Rapid Arbitration Act. The DRAA provides a structure for quick, streamlined and confidential arbitration.
7 minute read
Delaware Business Court Insider
By Ellen Bardash | August 3, 2023
While any shift in how much say corporations need to give shareholders is likely to catch litigators' eye, corporate attorneys say this year's changes affect processes in-house and are not likely to spill over into the courts much, at least not directly.
4 minute read
By Abigail Adcox | July 31, 2023
"It's hard to displace market leaders who have been building a position for decades," noted legal consultant Kent Zimmermann.
7 minute read
By Margaret A. Dale and Mark D. Harris | July 28, 2023
Delaware Chancery Court dismisses shareholder derivative suit challenging Block's acquisition of TIDAL—a music streaming company associated with Jay-Z—for failing to adequately plead demand futility.
7 minute read
Delaware Business Court Insider
By Molly DiBianca | July 26, 2023
The right of a shareholder to demand to inspect a company's books and records may be an important tool but it is not without limits. In a recent decision involving The Walt Disney Co. (Disney), the Delaware Court of Chancery reminded one litigant that disagreement over business decisions, including decisions about a company's position on social issues, is not a proper basis for a shareholder action under Section 220.
5 minute read
Delaware Business Court Insider
By Albert H. Manwaring IV | July 19, 2023
In New Enterprise Associates 14. v. Rich, the Delaware Court of Chancery ruled that a covenant not to sue for breach of fiduciary duties in connection with the exercise of a drag-along provision to approve a merger or sale contained in a voting agreement among sophisticated stockholders in a Delaware general corporation was not facially invalid.
4 minute read
By Thomas P. Kurland and Dakotah M. Burns | July 10, 2023
The court's decision in Mallory could have profound implications for larger-sized companies that operate in multiple states throughout the country. And nowhere is this truer than in New York, where the state's status as a global hotspot for foreign investment has attracted myriad out-of-state companies to register to do business within its borders.
8 minute read
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