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April 11, 2024 | Delaware Business Court Insider

'Bent on Entrenchment'?: Shareholder Suits Claim 2 Poison Pills Are Anti-Takeover Front for Boards

The two complaints mirror each other, with each citing the same Delaware case law and bringing two breach of fiduciary duty claims—one alleging disclosure violations and the other that board members are using the plans as a means of entrenching themselves.
4 minute read
April 10, 2024 | Delaware Business Court Insider

Advance Notice Bylaw Cross-Appeals Ask Supreme Court for Reframed Analysis

The dispute over advance notice bylaws has triggered similar lawsuits from other corporations.
4 minute read
April 10, 2024 | Delaware Business Court Insider

Novolex Holdings: A Rare Look at an RWI Claim Dispute

While RWI policies are manuscripted policies separately negotiated for each transaction, the vast majority contain arbitration clauses, meaning that claim disputes are resolved privately without published court rulings. The recent ruling in 'Novolex Holdings v. Illinois Union Insurance' sheds some light on one of these claim disputes, while also providing important lessons for insurers and M&A practitioners.
8 minute read
April 10, 2024 | Delaware Business Court Insider

Chancery Dismisses Derivative Action Based on Plaintiff's Failure to Allege Particularized Facts Demonstrating Demand Futility

As demonstrated by Harrison Metal Capital III v. Mathe, failure to assert well-pleaded allegations showing that a majority of the board is disabled from disinterestedly and independently evaluating whether to bring an action is fatal to a stockholder derivative claim.
5 minute read
April 10, 2024 | Delaware Business Court Insider

Terra Luna—Marking the Beginning and the End of the 'Crypto Winter'?

Does Terra's bankruptcy mark the end of the "Crypto Winter"? The recent rebound of the cryptocurrency market seems to suggest so, particularly with Bitcoin setting a new all-time high of $73,805.27 on March 14, 2024.
5 minute read
Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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April 09, 2024 | Delaware Business Court Insider

Walmart Secures Dismissal of Drug Investigation Disclosure Claim

U.S. District Chief Judge Colm F. Connolly's decision is a win for the Latham & Watkins and Richards, Layton & Finger team that represented Walmart, CEO Doug McMillon and former CFO Brett Biggs.
2 minute read
April 09, 2024 | Delaware Business Court Insider

IPO to Insolvency: Big Law Isn't Done Making Money on EV SPACs

"They didn't care because they were making too much money off of it, and now it's especially sad that they're finding yet another way to make money off of the very problems they helped create," Yale Law School professor John Morley said of the corporate lawyers who participated in the frenzy.
8 minute read
April 08, 2024 | Delaware Business Court Insider

'Match' Opinion Stresses Delaware Courts' Focus on Investors, Scrutiny of Controlling Shareholders

"The Delaware courts are going to continue to have a lot of skepticism when it comes to conflicted controller transactions," Fried, Frank, Harris, Shriver & Jacobson senior counsel Gail Weinstein said.
4 minute read
April 05, 2024 | Delaware Business Court Insider

As 'Social Inflation' Helps Fuel 'Nuclear' Verdicts, Insurers Address 'Legal System Abuse'

In this week's Legal Speak episode, James Whittle with the American Property Casualty Insurance Association dives into the impact of what the organization has dubbed "legal system abuse" as social inflation—the belief that large corporations are "bad actors with deep pockets"—helps fuel "nuclear" verdicts.
1 minute read
April 04, 2024 | Delaware Business Court Insider

Supreme Court Stresses Committee Independence In Match Group Decision

The Supreme Court said entire fairness is the standard of review in any controller-involved transaction, but business judgment can be applied when both an independent committee and a shareholder vote approve the deal.
4 minute read

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