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  • In re Ryckman Creek Resources, LLC

    Publication Date: 2018-09-12
    Practice Area: Bankruptcy | Corporate Entities | Deals and Transactions
    Industry: Energy
    Court: U.S. Bankruptcy Court
    Judge: Judge Carey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68281

    By providing notice of exercise of a call option, a party bound was bound to the minimum floor price provided in an unambiguous agreement.

  • QC Holdings, Inc. v. Allconnect, Inc.

    Publication Date: 2018-09-12
    Practice Area: Contractual Disputes | Corporate Entities | Mergers and Acquisitions
    Industry:
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: S. Mark Hurd, Alexandra M. Cumings, Danny David, Benjamin Sweet and Kelly Hanen for plaintiff
    for defendant: A. Thompson Bayliss, Cameron T. Kirby, Matthew L. DiRisio and Thomas G. Weber for defendant.
    Case Number: D68283

    A party properly exercised its rights under a put agreement, so the company was contractually obligated to pay the put price.

  • Fringer v. Kersey Homes, Inc.

    Publication Date: 2018-07-11
    Practice Area: Business Torts | Corporate Entities
    Industry: Construction | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Dean A. Campbell, Law Office of Dean A. Campbell, P.A., Georgetown, DE, attorney for plaintiff
    for defendant: Richard E. Berl, Jr., Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE, attorney for defendants.
    Case Number: D68206

    Piercing of corporate veil granted where evidence indicated corporation fraudulently transferred sole asset to avoid collection by judgment creditor.

  • US Ecology, Inc. v. Allstate Power Vac, Inc.

    Publication Date: 2018-07-04
    Practice Area: Contractual Disputes | Corporate Entities
    Industry:
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Stephen C. Norman, Daniyal M. Iqbal, David B. Hennes, Lisa H. Bebchick and Joseph G. Cleeman for plaintiffs
    for defendant: Jon E. Abramczyk, D. McKinley Measley, Alexandra M. Cumings, William T. Pruit, Warren Haskel and Benjamin Cooper for defendants.
    Case Number: D68205

    Plaintiffs were not entitled to reimbursement of certain insurance payments following the sale of a subsidiary, because the purchase agreement did not provide for it.

  • Vinton v. Grayson

    Publication Date: 2018-06-27
    Practice Area: Corporate Entities
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: David B. Anthony and Sean A. Meluney for plaintiff
    for defendant: Neil R. Lapinski for defendant.
    Case Number: D68197

    The operating agreement of a limited liability company required members to make additional capital contribu-tions at the manager's discretion, and other members had standing to sue a member who failed to respond to a capital call.

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  • Deutsch v. ZST Digital Networks, Inc.

    Publication Date: 2018-06-27
    Practice Area: Corporate Entities
    Industry: Hardware
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Theodore A. Kittila, James G. McMillan, III, Halloran Farkas & Kittila, LLP, Wilmington, DE; David Graff, Robins Kaplan LLP, New York, NY, attorneys for receiver
    for defendant: David L. Finger, Finger & Slanina, LLC, Wilmington, DE, attorney for non-parties.
    Case Number: D68191

    Foreign national officers of Delaware corporation could be subject to contempt proceedings in Section 220 action pursuant to statutory personal jurisdiction and privity with corporation.

  • The Marilyn Abrams Living Trust v. Pope Inv. LLC

    Publication Date: 2018-06-13
    Practice Area: Corporate Entities
    Industry:
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Thomas E. Hanson, Jr. and Jeffrey R. Blackwood for plaintiff
    for defendant: Jonathan M. Stemerman for defendants.
    Case Number: D68180

    A party that was awarded expenses under the bad faith exception to the American Rule was not entitled to re-cover expenses incurred on a subsequent appeal, nor was it able to recover additional fees incurred at the trial level.

  • Capone v. LDH Mgmt Holdings LLC

    Publication Date: 2018-05-09
    Practice Area: Corporate Entities
    Industry: Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Daniel A. Dreisbach and Ryan P. Durkin, Richards, Layton & Finger, PA, Wilmington, DE; Brendan V. Sullivan, Jr., Stephen L. Urbanczyk, Paul Mogin, Steven M. Cady, and Matthew H. Blumenstein, Williams & Connolly LLP, Washington, DC, attorneys for plaintiffs
    for defendant: Donald J. Wolfe, Jr., T. Brad Davey, and Seth R. Tangman, Potter Anderson & Corroon LLP, Wilmington, DE; Andrew Ditchfield, David B. Toscano, Edward Fu, and Sagar D. Thakur, Davis Polk & Wardwell LLP, New York, NY, attorneys for defendants.
    Case Number: D68134

    Cancellation certificate nullified where LLC failed to set aside reserve for viable, non-frivolous claims that it had knowledge of.

  • Weil v. VEREIT Operating Partnership, L.P.

    Publication Date: 2018-02-28
    Practice Area: Contractual Disputes | Corporate Entities
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Kenneth J. Nachbar, John P. DiTomo and Elizabeth A. Mullin for plaintiffs
    for defendant: Stephen B. Brauerman, Sara E. Bussiere, Scott A. Edelman and Alan J. Stone for defendant.
    Case Number: D68061

    Plaintiffs were entitled to advancement for legal fees incurred on their behalf in civil lawsuits.

  • In re: TransPerfect Global, Inc.

    Publication Date: 2018-02-28
    Practice Area: Corporate Entities
    Industry:
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Kevin R. Shannon, Berton W. Ashman, Jr., Christopher N. Kelly, Jaclyn C. Levy, and Mathew A. Golden, Potter Anderson & Corroon LLP, Wilmington, DE; Philip S. Kaufman, Ronald S. Greenberg, Marjorie E. Sheldon, and Jared I. Heller, Kramer Levin Naftalis & Frankel LLP, New York, NY, attorneys for petitioner
    for defendant: David L. Finger, Finger & Slanina LLC, Wilmington, DE; Peter B. Ladig and Brett M. McCartney, Bayard, P.A., Wilmington, DE; David B. Goldstein, Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C., New York, NY; Jeremy D. Eicher, Eicher Law LLC, Wilmington, DE, attorneys for respondents.
    Case Number: D68056

    Sale of petitioners interest in company to co-founder and opposing party approved, where custodian conducting sale enjoyed independence due to indemnification and advancement rights, and where petitioners objections to sale apparently motivated by animus toward opposing party.