• In re UnitedHealth Group, Inc. Section 220 Litigation

    Publication Date: 2018-03-14
    Practice Area: Corporate Governance
    Industry: Health Care
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Nathan A. Cook, Jeroen van Kwawegen, David MacIsaac, Norman Berman, Nathaniel L Orenstein, Mark A. Delaney, Jessica Zeldin and Bradford P. deLeeuw for plaintiffs;
    for defendant: R. Judson Scaggs, Jr., Lauren Neal Bennett and Jason Z. Miller for defendant.

    Case Number: D68075

    Documents relating to a separate qui tam proceeding provided a credible basis for stockholders to request corporate books and records for the purpose of investigating mismanagement or wrongdoing.

  • FMC Corp. v. New Castle Co. Special Serv. Dept.

    Publication Date: 2018-03-14
    Practice Area: Government | Regulations
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Jessica C. Watt and Brendan K. Collins for petitioner
    for defendant: Max B. Walton, Kyle E. Gay and Marlaine A. White for defendant.

    Case Number: D68074

    The general manager of a county special services department exceeded her authority in issuing a final order that imposed fines and injunctive relief for a partys failure to comply with the restrictions of a permit. Administrative order vacated.

  • Arch Ins. Co. v. Murdock

    Publication Date: 2018-03-14
    Practice Area: Corporate Governance | Insurance Law
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Robert J. Katzenstein and Kathleen M. Miller, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Michael R. Goodstein, Bailey Cavalieri LLC, Columbus, OH; Merril Hirsh, Troutman Sanders LLP, Washington, DC; Michael L. Manire and Deanna M. Galla, Manire & Galla LLP, New York, NY; Robert P. Conlon and Kevin A. Lahm, Walker Wilcoz Matousek LLP, Chicago, IL; Ommid C. Farashahi, Michael T. Skoglund, and Nicholas R. Novak, BatesCarey LLP, Chicago, IL, attorneys for plaintiffs
    for defendant: Elena C. Norman and Mary F. Dugan, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Kirk A. Pasich and Pamela Wood, Pasich LLP, Los Angeles, CA; Mikaela Whitman, Pasich LLP, New York, NY , attorneys for defendants.

    Case Number: D68070

    Insurers denied summary judgment on their declaratory judgment action where Delaware law did not preclude insurance from indemnifying directors for breaches of loyalty by fraud.

  • Dungee v. Davison Design & Dev., Inc.

    Publication Date: 2018-03-14
    Practice Area: Class Actions | Intellectual Property
    Industry: Consulting
    Court: U.S. District Court of Delaware
    Judge: District Judge Sleet
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68072

    Enhancement multiplier on lodestar amount of attorneys fees and costs unnecessary where counsel billed industry-standard rates, and where delay in payment and outlay of costs was not so excessive as to warrant compensating counsel.

  • The Recorder

    SEC Charges Theranos, CEO Holmes, and Former President With Investor Fraud

    March 14, 2018

    CEO Elizabeth Holmes has agreed to pay a $500,000 penalty, return the remaining 18.9 million shares she obtained during the fraud, and relinquish her voting control of Theranos.

  • Delaware Business Court Insider

    Important Lessons From 'In re Oxbow Carbon' for Drafting Joint Venture Exit Provisions

    March 14, 2018

    The Delaware Court of Chancery recently issued an opinion that offers useful guidance for parties seeking to draft joint venture exit provisions.

  • Delaware Business Court Insider

    Delaware Public Policy Does Not Preclude D&O Insurance Coverage for Fraud

    March 14, 2018

    In Arch Insurance v. Murdock, a D&O insurance coverage dispute, the Superior Court's complex commercial litigation division reasoned broadly to hold that, absent a contrary choice of law clause, Delaware law applies to Delaware corporations' D&O insurance policies, and that Delaware public policy does not prohibit insuring losses from insureds' breaching the fiduciary duty of loyalty through fraudulent conduct.

  • Delaware Business Court Insider

    Glenmark Says Mylan Infringement Suit Violates Antitrust Laws

    March 13, 2018

    A Delaware patent infringement case has erupted into an antitrust dispute, after an India-based generic drugmaker accused Mylan Pharmaceuticals of using its lawsuit to stifle competition for its topical foam acne treatment.

  • Delaware Business Court Insider

    Slights Tosses Shareholder Challenge to $2.8B Acquisition of Mall Owner

    March 13, 2018

    The Delaware Court of Chancery has rejected a challenge to Brookfield Asset Management Inc.'s role in its $2.8 billion acquisition of Rouse Properties, finding that plaintiffs had failed to show that Rouse's largest investor had driven the deal in its favor.

  • Legal Times

    Class Action Targets Alleged Manipulation of Wall Street's 'Fear Index'

    March 12, 2018

    A federal class action lawsuit is seeking to uncover key players behind the alleged widespread manipulation of Wall Street's "fear index," which plaintiffs claim has resulted in potentially hundreds of millions of dollars in losses to investors nationwide.