Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | April 25, 2018
In Feuer v. Redstone, the Delaware Court of Chancery considered a motion to dismiss derivative claims challenging compensation CBS Corp. paid to nonagenarian Sumner Redstone after he allegedly became physically and mentally incapacitated and ceased rendering meaningful services.
Delaware Business Court Insider | Commentary
By James S. Green Jr. | April 11, 2018
Almost one year ago, the U.S. Supreme Court decided the landmark case of TC Heartland v. Kraft Foods Group Brands. The decision upended what had been the status quo on the issue of where venue lies in patent infringement actions.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | April 4, 2018
In Meyers v. Quiz-Dia, Vice Chancellor J. Travis Laster addressed the question of whether a party that paid the legal fees and expenses of persons entitled to indemnification could be subrogated to their rights to recover losses incurred in defending against claims filed against them.
Delaware Business Court Insider | Commentary
By Kate A. Mahoney and Christopher B. Chuff | March 28, 2018
In a recent decision by the Delaware Supreme Court, Appel v. Berkman, the court held that a board's failure to include information about the chairman of the board's reasons for abstaining on the vote rendered the proxy statement materially misleading.
Delaware Business Court Insider | Commentary
By Edward M. McNally | March 21, 2018
A series of recent Delaware court decisions have caused some plaintiffs law firms to decide stockholder litigation should no longer be filed in the Delaware courts.
New York Law Journal | Analysis
By John C. Coffee Jr. | March 14, 2018
Corporate Securities columnist John C. Coffee Jr. writes: Once upon a time, courts might wink and nod at “merger objection” cases and cooperate in their settlement. But with these cases now approaching 50 percent of all securities class actions, this “business-as-usual” approach cannot (and should not) continue. As a result, this may be the best of times for the established plaintiff's bar in securities class actions and the worst of times for the others.
By Ben Hancock | 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 | Commentary
By Robert B. Little and Eric B. Pacifici | 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 | Commentary
By James H. S. Levine and Douglas D. Herrmann | February 22, 2018
Over the past several years, the Delaware Court of Chancery has applied the stockholder ratification defense in challenges to director compensation awards made pursuant to stockholder approved equity incentive plans (EIPs).
Delaware Business Court Insider | Commentary
By Jefferson E. Bell and David A. Coon | February 21, 2018
In a Dec. 19, 2017, decision, In re Investors Bancorp Stockholder Litigation, the Delaware Supreme Court considered the limits of a stockholder ratification defense when directors make equity awards to themselves under an equity incentive plan or “EIP.”
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