Delaware Business Court Insider | Commentary
By Ellis E. Herington | November 27, 2019
Shareholder inspection of books and records pursuant to Section 220 of the Delaware General Corporation Law is a routine procedure for Delaware practitioners, and represents an important tool for shareholders when it comes to their involvement in corporate governance.
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | November 20, 2019
In denying the stockholder's inspection request, Vice Chancellor Joseph R. Slights III acknowledged that the law is "murky" in this area, but reasoned that the court need not answer the question in the abstract, because the circumstances of this case counseled in favor of denying the inspection.
Delaware Business Court Insider | Commentary
By Brian M. Lutz and Jason H. Hilborn | November 13, 2019
Whether a letter to a board is a "demand" matters under Delaware law because it dictates the standard that applies in stockholder-derivative litigation that may arise out of the issues raised in the letter.
Delaware Business Court Insider | Commentary
By Albert J. Carroll and Matthew F. Lintner | November 6, 2019
Delaware law has long recognized that significant personal or professional ties to a party who would be a defendant in the prospective derivative claim, like a conflicted controlling stockholder, is grounds for finding a director lacks independence.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | November 6, 2019
In a somewhat unusual case, Vice Chancellor Morgan T. Zurn addressed the question whether in pari delicto is an equitable or a legal defense.
Delaware Business Court Insider | News
By Steven A. Meyerowitz | November 4, 2019
The Supreme Court of Delaware has ruled that claims brought by a bankruptcy trustee against Verizon Communications Inc. were not securities claims for purposes of various insurance policies because the claims did not allege any violation of regulations, rules or statutes regulating securities.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Chauna A. Abner | October 23, 2019
A recent Delaware Court of Chancery decision acknowledged a pattern of corporations providing directors with advancement rights, and then when those directors attempt to exercise those rights, the corporations resist, claiming that exceptional circumstances exist that require the court to deviate from the principles of law granting advancement.
Delaware Business Court Insider | Commentary
By Jenness E. Parker, Kaitlin E. Maloney and Daniel S. Atlas | October 16, 2019
Following the Delaware Supreme Court's appraisal decisions in Aruba, Dell and DFC, the Delaware Court of Chancery relied exclusively on market-based metrics to determine fair value in three recent appraisal decisions.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | October 9, 2019
The case involved the sale by merger of Authentix Acquisition Co. to a third party. The petitioners had been the sole owners of the company's predecessor.
Delaware Business Court Insider
By Steven A. Meyerowitz | September 30, 2019
A trial court in Delaware has certified its decision on two issues of first impression under Delaware insurance coverage law to the Supreme Court of Delaware.
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