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Travis J. Ferguson

Three recent decisions by Delaware courts have addressed the appropriateness of equitable relief to acquire funds held in escrow post-closing of a transaction. In all three decisions, the Delaware courts (the Court of Chancery twice and the Superior Court once) concluded that the Court of Chancery’s equitable jurisdiction provided the most “certain, prompt, complete and efficient” relief. A common thread among these three cases is their reliance on a 2013 transcript ruling in SecNet Holding v. Potash, No. 7781-VCP (Del. Ch. April 2, 2013).

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