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March 21, 2024 | Delaware Business Court Insider

Ousted Chemours Execs Targeted in Securities Action Over Corporate Books

ernstein Litowitz Berger & Grossman and Kessler Topaz Meltzer & Check are representing the plaintiff in the case, which brings Exchange Act claims against Chemours and several executives.
3 minute read
March 21, 2024 | Delaware Business Court Insider

Key Delaware Decision in 'Activision' Upends Standard Board Practices for Approving Mergers

This article lays out practice points in response to the Delaware Court of Chancery's recent decision in In Ap-Fonden v. Activision, which opens a new frontier for challenging a board's process in approving mergers. It discusses the significance the decision has on the merger agreement processes as well as what practitioners should consider moving forward as they navigate this decision.
18 minute read
March 20, 2024 | Delaware Business Court Insider

Superior Court: More Overlap in Case Facts Needed for Insurer to Deny D&O Coverage

Delaware Superior Court Judge Paul R. Wallace granted a California-based biotech company's motion for partial summary judgment.
3 minute read
March 20, 2024 | Delaware Business Court Insider

Democrat Criticizes Adeel Mangi, Who Wants to Become a Judge

The flap over Mangi's links to the Alliance of Families for Justice bears similarities to the heavy criticism he received for his connection to Rutgers University's Center for Security, Race and Rights. In the case of the Rutgers group, as with the AFJ, Mangi was one of many individuals on the advisory board.
5 minute read
March 19, 2024 | Delaware Business Court Insider

With Albertsons Complaint, Chancery Sees New Challenge to Advance Notice Bylaws

The complaint is proving true a prediction made by Vice Chancellor Lori Will in a 2023 opinion anticipating shareholder suits over the corporate provisions.
3 minute read
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March 18, 2024 | Delaware Business Court Insider

Amid Heavy Pushback, Historic Nomination to Federal Appellate Bench Faces Uncertain Outcome

Speaking of Mangi, U.S. Sen. Cory Booker said, "That he has maintained his pride for our country and commitment to public service despite the false attacks levied against him speaks to his integrity and his preparedness to serve on the Third Circuit. I'm proud to champion his nomination."
5 minute read
March 18, 2024 | Delaware Business Court Insider

Delaware Court Invalidates Portions of Stockholder Agreement

A Delaware Court of Chancery decision to invalidate significant portions of a stockholder agreement could have a marked impact on public companies, impacting M&A activities such as joint ventures, settlements with activist investors and minority venture capital investments.
7 minute read
March 18, 2024 | Delaware Business Court Insider

Recent Class Action Lawsuit Alleges Misappropriation of Special Needs Trust Funds

SNTs are usually for the most vulnerable of structured settlement payees as a trusted means of asset protection. SNTs will receive the periodic payments directly from the annuity issuer, and the SNT trustees have a fiduciary duty to spend the trust situs for the benefit of each beneficiary.
8 minute read
March 15, 2024 | Delaware Business Court Insider

Trustee Can Continue $250M Fraud Case Against Clayton, Dubilier & Rice

A motion to dismiss filed by the private equity firm's Debevoise & Plimpton attorneys argued a liquidation trustee for a soap and hair care product distributor didn't have standing to bring fraud claims and hadn't adequately pled them in the complaint.
3 minute read
March 14, 2024 | Delaware Business Court Insider

Biotech Industry Bankruptcy Cases: 'Zymergen' and 'Humanigen'

This issue of the Bankruptcy Update column focuses on the recent biotech industry bankruptcy cases of Zymergen and Humanigen.
5 minute read

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