Delaware Business Court Insider | News
By Tom McParland | December 1, 2017
A Delaware Court of Chancery judge on Friday dealt a major blow to Energy Transfer Equity's bid to recover a breakup fee from a failed merger with The Williams Cos. Inc., saying the pipeline company's decision to walk away from the once-promising deal wiped out most of its claims to the $1 billion payment.
Delaware Business Court Insider | News
By Tom McParland | November 29, 2017
A Delaware state judge has allowed Novipax Holdings to proceed with a lawsuit stemming from its $80 million acquisition of a competitor's foam tray business, finding the Illinois manufacturer had viable claims for fraud and breach of contract.
Delaware Business Court Insider | Commentary
By John A. Neuwirth, Joshua S. Amsel, Christine T. Di Guglielmo and Evert J. Christensen Jr. | November 29, 2017
Since 'Trulia', there has been a decline in Delaware in the number of run-of-the-mill challenges to nearly every public company merger transaction. But while the volume of merger litigation in Delaware has been on the decline, there has been a noticeable surge in filings in other jurisdictions, particularly federal courts.
Delaware Business Court Insider | News
By Tom McParland | November 28, 2017
The Delaware Supreme Court on Monday upheld the dismissal of derivative litigation against the directors of a health care technology company in a case…
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | November 22, 2017
A cardinal principle of Delaware law is that directors manage the business and affairs of a Delaware corporation. This includes decisions regarding whether to pursue claims against officers and directors whose breach of duty may have injured the company.
Delaware Business Court Insider | Commentary
By Pamela L. Millard | November 22, 2017
On June 28, 2017, the Delaware Supreme Court reversed the Court of Chancery's prior ruling in Chicago Bridge & Iron v. Westinghouse Electric, 2016 WL 7048031 (Del. Ch. Dec. 5, 2016), rev'd, 2017 WL 2774563 (Del. June 28), holding that an independent auditor appointed to resolve purchase price adjustment disputes relating to a sale transaction was not empowered to decide challenges to the seller's compliance with GAAP in connection with a post-closing true up of net working capital.
Delaware Business Court Insider | News
By Tom McParland | November 21, 2017
The custodian appointed to oversee the court-ordered sale of TransPerfect Global Inc. has told employees that Philip R. Shawe had reached an agreement to buy out the shares of rival Elizabeth Elting, an unexpected move that could resolve years of heated litigation over control of the profitable translation-services company.
Delaware Business Court Insider | News
By Tom McParland | November 20, 2017
A Delaware vice chancellor on Monday delayed making his ruling on a shareholder suit accusing Straight Path Communications Inc. of allowing its controller to funnel "hundreds of millions" of dollars' worth of assets away from the company as a part of its planned $3.1 billion sale to Verizon.
Delaware Business Court Insider | News
By Tom McParland | November 20, 2017
A review of Delaware's federal docket has shown that defendants in patent infringement cases are increasingly citing Delaware's judicial vacancies in support of motions to transfer the cases out of the district after a visiting judge first raised the issue two months ago.
Delaware Business Court Insider | News
By Tom McParland | November 16, 2017
The Delaware Court of Chancery has ordered the directors of Citigroup Inc. to make public high-level communications regarding the company's internal controls in a derivative suit brought by a group of investors in the investment banking firm.
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