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Publication Date: 2024-09-24
Practice Area: Business Torts
Industry: Manufacturing | Software | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Michael J. Barrie, Kate Harmon, Benesch, Friedlander, Coplan & Aronoff LLP, Wilmington, DE; J. Erik Connolly, Nicole Wrigley, David D. Pope, William Walsh, Lee B. Muench, Lauran Tortorella, Olivia Sullivan, Meghan Golden, Benesch, Friedlander, Coplan & Aronoff LLP, Chicago, IL for plaintiffs.
for defendant: C. Barr Flinn, Kevin A. Guerke, Timothy E. Lengkeek, Lauren Dunkle Fortunato, Michael A. Laukaitis II, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Douglas D. Herrmann, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; Bennet J. Moskowitz, Troutman Pepper Hamilton Sanders LLP, New York, NY; Misha Tseytlin, Troutman Pepper Hamilton Sanders LLP, Chicago, IL; Howard M. Cooper, Joseph M. Cacace, Josh L. Launer, Maria A. Lombardi, Todd & Weld LLP, Boston, MA for defendant.
Case Number: N21C-11-028 EMD
Plaintiff was not entitled to summary judgment of actual malice where jury could either find that information provided to news organization was conclusive of the truth or self-serving, creating a genuine issue of material fact as to whether the outlet recklessly disregarded the truth; however, there was insufficient evidence of a primary purpose to harm plaintiff, precluding a showing of express malice.
Publication Date: 2024-09-10
Practice Area: Corporate Governance
Industry: Consulting | Investments and Investment Advisory | Technology Media and Telecom
Court: Court of Chancery
Judge: Chancellor Wallace
Attorneys: For plaintiff: Alan D. Albert, O’Hagan Meyer PLLC, Wilmington, DE; Charles M. Sims, Rachael L. Loughlin, C. Quinn Adams, O’Hagan Meyer PLLC, Richmond, VA for plaintiff.
for defendant: Brian C. Ralston, Daniel M. Rusk, IV, Potter Anderson & Corroon LLP, Wilmington, DE; Paul A. Werner, Imad Matini, Sheppard Mullin Richter & Hampton, LLP, Washington, DC for defendant.
Case Number: 2022-0437-PRW
Absolute litigation privilege did not bar company from triggering its contractual membership interest repurchase option where public policy interests did not override the parties' contractual agreements.
Publication Date: 2024-09-10
Practice Area: Mergers and Acquisitions
Industry: Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Medinilla
Attorneys: For plaintiff: Jeffrey L. Moyer, Travis S. Hunter, Wilmington, DE for plaintiffs.
for defendant: Michael A. Barlow, Hayden J. Driscoll, Wilmington, DE for defendants.
Case Number: N24C-02-130 VLM CCLD
Sellers plausibly alleged fraud claim by asserting that buyers intentionally misrepresented the synergistic possibility of the parties' products to convince sellers that buyers could reach the proposed earnout targets.
Publication Date: 2024-09-03
Practice Area: Mergers and Acquisitions
Industry: E-Commerce | Technology Media and Telecom
Court: Court of Chancery
Judge: Chancellor Medinilla
Attorneys: For plaintiff: Peter B. Ladig, Bayard, P.A., Wilmington, DE for plaintiff.
for defendant: Paul D. Brown, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; Aaron Z. Tobin, Abigail R. Campbell, Condon Tobin Sladek Thornton Nerenberg PLLC, Dallas, TX for defendant.
Case Number: 2023-0984-VLM
Court denied defendant's motion to dismiss for lack of standing where there was no basis to overturn former company's stakeholders' decision to appoint a representative, where the representative was not a necessary party in his personal capacity due to the termination of his employment with defendant.
Publication Date: 2024-09-03
Practice Area: Damages
Industry: Investments and Investment Advisory | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Cook
Attorneys: For plaintiff: P. Clarkson Collins, Albert J. Carroll, Kirsten A. Zeberkiewicz, Morris James LLP, Wilmington, DE; Charles J. Harder, Ryan J. Stonerock, Steven H. Frackman, Jordan A. Gonzales, Harder Stonerock LLP, Los Angeles, CA for plaintiffs.
for defendant: Stephen Shaw, Beverly Hills, CA, pro se defendant.
Case Number: 2018-0398-NAC
Court declined to award rescissory damages in default judgment where plaintiffs' operative complaint had only sought compensatory damages, since allowing a plaintiff to change their theory of recovery post-default was unfair to a defendant who may have rationally chosen to default.
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Publication Date: 2024-08-27
Practice Area: Employment Litigation
Industry: Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys: For plaintiff: John M. Seaman, E. Wade Houston, Joseph A. Sparco, Abrams & Bayliss LLP, Wilmington, DE; Nicholas G. Hill, Rebecca M. Borkovich, McGuireWoods LLP, Atlanta, GA for plaintiffs.
for defendant: David E. Ross, Eric D. Selden, Ross Aronstam & Moritz LLP, Wilmington, DE; Martin L. Roth, P.C., Kirkland & Ellis LLP, Chicago, IL; Haley S. Stern, Amanda Lamothe-Cadet, Maylynn Chen, Kirkland & Ellis LLP, New York, NY for defendant.
Case Number: 2023-0513-PAF
Former vice presidents were entitled to advancement rights from company in company's IP misappropriation action where certificate of incorporation and bylaws granted advancement to officers, defined as including vice presidents, for claims arising from their service to the company or at the company's request.
Publication Date: 2024-08-20
Practice Area: Public Records
Industry: Education | Non-Profit | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: William E. Green, Jr., Theodore A. Kittila, Michael Bekesha, Halloran Farkas + Kittila, LLP, Wilmington, DE for appellants.
for defendant: William E. Manning, James D. Taylor, Marisa R. De Feo, Juliana Clifton, Saul Ewing LLP, Wilmington, DE for appellee.
Case Number: N20A-07-001 FWW
Where DOJ special counsel report did not contradict the University of Delaware's assertions in its affidavit in support of its invocation of its exemption under the Delaware Freedom of Information Act, the court found no basis to reopen petitioners' complaint where university averred that it had not used public funds to acquire former legislator's working papers.
Publication Date: 2024-08-20
Practice Area: Copyrights
Industry: E-Commerce | Software | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Jack B. Blumenfeld, Michael J. Flynn, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Dale M. Cendali, Jeremy King, Eric A. Loverro, Joshua L. Simmons, Kirkland & Ellis LLP, New York, NY; Miranda Means, Kirkland & Ellis LLP, Boston, MA; Yungmoon Chang, Allyn Belusko, Kirkland & Ellis LLP, Los Angeles, CA for plaintiffs.
for defendant: David Ellis Moore, Bindu Ann George Palapura, Andrew L. Brown, Potter Anderson & Corroon LLP, Wilmington, DE; Warrington Parker, Joachim B. Steinberg, Jacob Canter, Christopher J. Banks, Anna Z. Saber, Crowell & Moring LLP, San Francisco, CA; Mark A. Klapow, Crinesha B. Berry, Lisa Kimmel, Crowell & Moring LLP, Washington, D.C.; Emily T. Kuwahara, Jordan Ludwig, Crowell & Moring LLP, Los Angeles, CA; Ryan Henry Seewald, Crowell & Moring LLP, Denver, CO for defendant.
Case Number: 1:20-cv-613-SB
Expert opinion on liability was not unreliable where it detailed how data for comparison was selected, as limited qualitative analysis did not automatically render the opinion unreliable.
Publication Date: 2024-08-13
Practice Area: Mergers and Acquisitions
Industry: Defense | Software | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Alan D. Albert, Stephen D. Dargitz, O’Hagan Meyer PLLC, Wilmington, DE; Charles M. Sims, C. Quinn Adams, O’Hagan Meyer, PLLC, Richmond, VA for plaintiff.
for defendant: John G. Harris, Berger Harris LLP, Wilmington, DE for defendant.
Case Number: 2022-0959-SG
Court dismissed third-party claims as unable to provide relief if defendants were found liable to plaintiffs, and defendants' counterclaims for their failure to provide the contractually required pre-suit notice.
Publication Date: 2024-08-06
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory | Software | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Thomas Curry, Saxena White, P.A., Wilmington, DE; David Wales, Saxena White, P.A., White Plains, NY; Adam Warden, Saxena White, P.A., Boca Raton, FL; Julie Goldsmith Reiser, Richard A. Speirs, Cohen Milstein Sellers & Toll PLLC, New York, NY for plaintiff.
for defendant: Raymond J. DiCamillo, Matthew D. Perri, Nicole M. Henry, Kevin M. Kidwell, Richards, Layton & Finger, P.A., Wilmington, DE for defendant.
Case Number: 2023-0326-JTL
Governance provisions transferring authority from board to controlling investors was facially invalid where such provisions had not been incorporated into the corporate charter, as charters could not incorporate private agreements by reference without rendering them non-public and preventing stockholders from amending the charter.
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