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Left to right: Eric Pacifici and Robert B. Little, Gibson, Dunn & Crutcher.The Delaware Court of Chancery recently issued an opinion that offers useful guidance for parties seeking to draft joint venture exit provisions. In In re Oxbow Carbon Unitholder Litigation, C.A. No. 12447-VCL (Del. Ch. Feb. 12, 2018), the court invoked the implied covenant of good faith and fair dealing to resolve a dispute over whether certain minority members of Oxbow Carbon LLC (Oxbow) had a contractual right under Oxbow’s limited liability company agreement (the LLC agreement) to force Oxbow to engage in an “exit sale.” The decision highlights the need for parties to devote special attention when drafting joint venture exit provisions.
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Does a nonresident officer’s prior service to a Delaware corporation allow the Delaware courts to compel her to appear to testify at trial as a third-party witness?
A vice chancellor of the Delaware Court of Chancery on Monday refused Energy Transfer Equity's bid for a second chance at claiming a nearly $1.5 billion break-up fee stemming from the pipeline company's failed merger with The Williams Cos. Inc.
A Taiwanese technology company on Monday accused Google Inc. in Delaware federal court of infringing two motion-sensing patents with its line of Pixel cellphones.
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