Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | June 6, 2018
Appraisal rights have been the subject of increased focus in the current, post-Corwin environment, in which a fully-informed noncoerced stockholder vote suffices to dispose of most M&A challenges.
Delaware Business Court Insider | Commentary
By Ellis E. Herington | May 30, 2018
What obligations does a board of directors owe to a controlling stockholder? What actions can a board of directors take against a controlling stockholder?
Delaware Business Court Insider | Commentary
By Larry R. “Buzz” Wood Jr., Adam V. Orlacchio and Craig Haring | May 30, 2018
Delaware litigators and deal lawyers around the globe are keen on accounting for the risk of dissenting stockholders exercising appraisal rights when negotiating and structuring a corporate transaction.
Delaware Business Court Insider | News
By Tom McParland | May 21, 2018
A Delaware Court of Chancery judge on Monday said that two recent decisions from the state Supreme Court represented an "unprecedented shift" in the way the state handles appraisal cases and that it would be up to the high court to sift through the errors in a ruling decision that has rankled petitioners and raised questions about the future of appraisal in the First State.
Delaware Business Court Insider | News
By Tom McParland | May 18, 2018
A Delaware Court of Chancery judge on Thursday refused to cancel a 2016 deal in which Energy Transfer Equity issued $1 billion in equity units, finding there had been no harm to investors. At the same time, however, Vice Chancellor Sam Glasscock III said the transaction was unfair.
Delaware Business Court Insider
By P. Clarkson Collins Jr. | May 17, 2018
The Delaware Supreme Court recently issued an important decision clarifying Delaware's forum non conveniens FNC law in Hupan v. Philip Morris USA.
Delaware Business Court Insider | News
By Tom McParland | May 16, 2018
A Delaware Court of Chancery judge on Wednesday ordered a brief standstill in CBS Corp.'s lawsuit against Shari Redstone, but promised a decision on the merits of the case Thursday, just ahead of a planned board meeting to dilute the voting power of the company's controlling shareholder.
Delaware Business Court Insider | Commentary
By Jason J. Mendro and Jeffrey S. Rosenberg | May 16, 2018
Controlling-stockholder transactions are a regular part of many companies' business; in some cases, they are essential. When challenged, however, such transactions have often been scrutinized under the entire fairness standard, the most exacting standard under Delaware law.
Delaware Business Court Insider | Commentary
By Jonathan G. Strauss and Shannon S. Frazier | May 9, 2018
On April 6, the Delaware Corporation Law Section of the Delaware Bar Association proposed some major and minor amendments to the Delaware Limited Liability Company Act. If introduced in and approved by the Delaware General Assembly and the governor, one of the most significant changes will involve the provisions of the act dealing with series LLCs.
Delaware Business Court Insider
By Barry M. Klayman and Mark E. Felger | May 9, 2018
In JMO Wind Down, Chief Bankruptcy Judge Brendan Shannon considered a motion to enjoin a creditor from pursuing claims against various defendants that were pending in a civil action in the Delaware Court of Chancery based on the provisions of the debtor's Chapter 11 plan of liquidation.
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