Delaware Business Court Insider | Commentary
By Brett M. McCartney | December 27, 2017
In one of the most anticipated opinions of 2017, Delaware's Supreme Court reversed the Court of Chancery's appraisal decision valuing Dell, Inc.'s shares after its management-led buyout in 2013. In its unanimous en banc decision, the Supreme Court ruled that the Court of Chancery abused its discretion by relying exclusively on its own discounted cash flow (DCF) analysis while affording no weight to the transaction price when valuing the company's shares at the time of its 2013 going-private merger.
New York Law Journal | Analysis
By Edward E. Neiger | December 27, 2017
Bankruptcy Update columnist Edward E. Neiger delves into the bankruptcy proceedings of True Religion Apparel, Toys “R” Us and Charming Charlie and their efforts to restructure rather than liquidate in the face of changing consumer preferences.
Delaware Business Court Insider
By Tom McParland | December 22, 2017
Despite an unusual level of disagreement between Delaware's Supreme and Chancery courts in 2017, a sense of direction seems has emerged as to some hotly debated areas of corporate law heading into the New Year.
Delaware Business Court Insider | News
By Tom McParland | December 20, 2017
Former American Apparel CEO Dov Charney could have to pay up to $19.5 million that he owes to a hedge fund from a fight to regain control of the company he helped to found, Delaware's Court of Chancery has ruled.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | December 20, 2017
Neither the Delaware Supreme Court, nor other Delaware state courts have “articulated a specific test” to analyze whether to stay a civil case based on the pendency of a criminal case or investigation.
Delaware Business Court Insider | News
By Tom McParland | December 19, 2017
The Delaware Court of Chancery on Monday dismissed a derivative suit seeking to hold the directors of Citigroup Inc. personally liable for massive losses the company suffered as a result of years of mismanagement and unchecked fraud and regulatory violations.
Delaware Business Court Insider | News
By Tom McParland | December 19, 2017
The Delaware Supreme Court on Monday ruled that Exelon General Acquisitions' decision to change the location of a Michigan wind farm allowed the company to avoid a $14 million earn-out payment to Deere & Co. stemming from its 2010 purchase of Deere's wind-energy business.
Delaware Business Court Insider | News
By Tom McParland | December 15, 2017
The Delaware Supreme Court in a 4-1 decision Friday upheld the dismissal of a derivative suit seeking more than $145 million from the directors of Duke Energy Corp. over the handling of coal ash releases in North Carolina.
Delaware Business Court Insider | News
By Tom McParland | December 15, 2017
The Delaware Supreme Court on Friday upheld a vice chancellor's decision to award a former director of OptimisCorp. $1.8 million to cover the cost of successfully defending allegations that he had plotted to remove the physical services company's chief executive back in 2012.
Delaware Business Court Insider | Analysis
By Tom McParland | December 15, 2017
Delaware's federal court in 2017 absorbed the impact of TC Heartland, a groundbreaking decision from the U.S. Supreme Court that brought with it a surge in patent infringement cases and a few vexing questions that went unanswered in the high court's May 22 ruling.
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