• Otto Candies LLC v. KPMG, LLP

    Publication Date: 2019-05-08
    Practice Area: Business Torts | Civil Procedure
    Industry: Consulting | Transportation
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: David E. Ross, Ross, Aronstam & Moritz LLP, Wilmington, DE; Terry L. Wit, A. William Urquhart, Juan P. Morillo, Derek L. Shaffer, and Lauren H. Dickie, Quinn Emanual Urquhart & Sullivan, LLP, San Francisco, CA and Washington, DC for plaintiffs.
    for defendant: Kevin R. Shannon, Matthew F. Davis, and Christopher N. Kelly, Potter Anderson & Corroon LLP, Wilmington, DE; Gregory G. Ballard and Jose F. Sanchez, Sidley Austin LLP, New York, NY; Todd Schlitz, Drinker Biddle & Reath LLP, Wilmington, DE; Robert A. Scher and Jonathan H. Friedman, Foley & Lardner LLP, New York, NY; Timothy Jay Houseal, Jennifer M. Kinkus, and William E. Gamgord, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Ana C. Reyes, Williams & Connolly, LLP, Washington, DC for defendants.

    Case Number: D68551

    Actions transferred from superior court to chancery court subject to a fully-briefed and argued motion to dismiss were subject to the chancery court's rule requiring plaintiffs subject to such a motion to either seek leave to amend or stand on their complaint and risk dismissal with prejudice; however, as a matter of first impression the court declined to enforce the rule on plaintiffs.

  • McElrath v. Kalanick

    Publication Date: 2019-04-17
    Practice Area: Corporate Governance
    Industry: Investments and Investment Advisory | Transportation
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Michael J. Barry, Jeff A. Almeida and Rebecca A. Musarra, Grant & Eisenhofer, P.A., Wilmington, DE for plaintiff.
    for defendant: R. Judson Scaggs, Jr., Susan W. Waesco and Sabrina M. Hendershot, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Susan S. Muck, Kevin P. Muck and Marie C. Bafus, Fenwick & West LLP, San Francisco, CA for defendants Camp, Graves, Huffinton, Al-Rumayyan, Gurley and Bonderman. Donald J. Wolfe, Jr., T. Brad Davey, J. Matthew Belger and Jacob R. Kirk-ham, Potter Anderson & Corroon LLP, Wilmington, DE for defendant Kalanick. Jody C. Barillare, Susan D. Resley and Marc J. Sonnenfield, Morgan, Lewis & Bockius LLP, Wilmington, DE for defendant Yoo. A. Thompson Bayliss and Michael A. Barlow, Abrams & Bayliss LLP, Wilmington, DE; Mark P. Gimbel, C. William Phillips and Bryant Pulsipher, Covington & Burling LLP, New York, NY and San Francisco, CA for defendant Uber Technologies.

    Case Number: D68533

    Plaintiff in this derivative action failed to demonstrate that demand on the board of directors would have been futile due to the directors' inability to exercise business judgment with regard to the matter.

  • Sunline Commercial Carriers, Inc. v. CITGO Petroleum Corp.

    Publication Date: 2019-03-27
    Practice Area: Contractual Disputes
    Industry: Cargo and Shipping | Energy | Transportation
    Court: Delaware Supreme Court
    Judge: Justice Strine
    Attorneys: For plaintiff: Michael F. Bonkowski and Nicholas J. Brannick, Cole Schotz P.C., Wilmington, DE ; Ross A. Mortillaro, Stinson Leonard Street LLP, Dallas, TX for plaintiff.
    for defendant: Mary F. Dugan, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; John Zavitsanos, Debora Si-mon Pacholder and Edward Goolsby, Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing, P.C., Houston, TX for defendant.

    Case Number: D68508

    The parties' contractual agreements contained inconsistencies, and these ambiguities precluded summary judgment.

  • Delaware Business Court Insider

    Facebook Investors Ask Delaware Court for Access to Ad Revenue, Executive Pay Records

    March 25, 2019

    The books-and-records suit, filed March 22 by the Southeastern Pennsylvania Transportation Authority and Boston Retirement System, cited a steep decline in Facebook's market value after the company said last July that it expected to see a slowdown in revenue growth.

  • Delaware Business Court Insider

    Investors Sue Over Alleged Adviser Conflicts in $218M Tesla Acquisition

    March 05, 2019

    The class-action complaint, filed by Maxwell investor Davis Rodden, targeted the company's board and sought additional discloses about Barclays Capital Inc.'s current and prior engagements outside of the all-stock deal, which was announced last month.

  • Delaware Business Court Insider

    Plaintiffs Get Second Chance in Derivative Case Stemming From California Oil Spill

    February 01, 2019

    Vice Chancellor Tamika Montgomery-Reeves ruled Thursday that the complaint from investor Inter-Marketing Group USA failed to establish demand futility by alleging that a majority of the Plains board likely faced personal liability in connection with the spill.

  • Baggage Airline Guest Serv., Inc. v. Roadie, Inc.

    Publication Date: 2019-01-23
    Practice Area: Patent Litigation
    Industry: Cargo and Shipping | Transportation
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Neal Belgam and Eve Ormerod, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Stefan V. Stein, Mayanne Downs, Jason Zimmerman and Cole Carlson, Gray Robinson P.A., Orlando, FL for plaintiff.
    for defendant: Pilar G. Kraman, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Edward A. Pennington, John P. Moy, John P. Pen-nington and Darlene K. Tzou, Smith, Gambrell & Russell LLP, Washington, DC for defendant.

    Case Number: D68434

    Patent claims for a baggage delivery system involved an abstract idea and did not contain any inventive concept.

  • Delaware Business Court Insider

    Spacecraft Builder Appeals Del. Ruling Upholding $4M Award in Contract Case

    November 19, 2018

    Moon Express said last week in court papers that it was challenging the Oct. 15 decision from U.S. Chief Judge Leonard P. Stark.

  • Delaware Business Court Insider

    New Investor Suit Targets Board Over Musk Tweet on Financing to Take Tesla Private

    October 26, 2018

    A new shareholder lawsuit has accused the Tesla board of engaging in a conspiracy to cover up its failure to monitor CEO Elon Musk's "increasingly erratic" public statements, in a case that could set up the question of whether Musk's tweets qualify as company statements.

  • Delaware Business Court Insider

    Del. Judge Upholds $4M Award Over Spacecraft Tech Contract

    October 16, 2018

    U.S. District Chief Judge Leonard P. Stark of the District of Delaware on Monday declined to roll back the Jan. 12 verdict, which awarded Intuitive Machines cash and equity in Moon Express Inc. as a result of Moon Express' failure to complete work on the software underpinning its project.