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December 19, 2023 | Delaware Business Court Insider

Delaware High Court: Out-of-State Case Isn't Enough to Dismiss Otherwise Supported Derivative Litigation

It's the first time the state's high court has officially addressed whether or not a Delaware judge can take adjudicative notice of factual findings from another court,.
4 minute read
December 18, 2023 | Delaware Law Weekly

Entire Fairness Doctrine, Oversight Liability & More: Four Lessons Del. Corporate Litigators Should Have Learned in 2023

The Court of Chancery and Delaware Supreme Court hammered home several key points multiple times throughout 2023, signaling to litigators that they may want to keep them in mind as they head into the new year.
7 minute read
December 18, 2023 | Delaware Business Court Insider

Four Lessons From Delaware Corporate Litigation You Should Have Learned in 2023

The Court of Chancery and Delaware Supreme Court hammered home several key points multiple times throughout 2023, signaling to litigators that they may want to keep them in mind as they head into the new year.
7 minute read
December 11, 2023 | Delaware Law Weekly

Young Conaway Del. Partner Speaks at Columbia Law Event

Young Conaway Stargatt & Taylor Delaware corporate litigation and counseling partner Elena Norman spoke at the 2023 conference on mergers and acquisitions and corporate governance hosted by Columbia Law School on Dec. 8.
2 minute read
Teamsters Local 443 Health Serv. & Ins. Plan v. Chou
Publication Date: 2023-12-04
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory | Pharmaceuticals
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys:
For plaintiff: Gregory V. Varallo, Glenn R. McGillivray, Bernstein Litowitz Berger & Grossmann LLP, Wilmington, DE; Ned Weinberger, Mark D. Richardson, Labaton Sucharow LLP, Wilmington, DE; Christine M. Mackintosh, Rebecca A. Musarra, Grant & Eisenhofer P.A., Wilmington, DE; Christopher J. Orrico, Bernstein Litowitz Berger & Grossmann LLP, New York, NY; Frank Schirripa, Hach Rose Schirripa & Cheverie LLP, New York, NY; Nathaniel L. Orenstein, Steven L. Groopman, Berman Tabacco, Boston, MA for plaintiffs.
For defendant: William M. Lafferty, D. McKinley Measley, Thomas P. Will, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; F. Joseph Warin, Jonathan M. Phillips, Courtney M. Brown, Gibson, Dunn & Crutcher LLP, Washington, DC for defendant.
Case number: 2019-0816-SG

Court dismissed derivative complaint where single-member special litigation committee conducted adequate review of the worthiness of the litigation and its conclusions were sufficiently supported by evidence, and there was an insufficient basis to question the single member's independence from other board members potentially facing liability.

November 27, 2023 | Delaware Law Weekly

Bernstein Litowitz Partner Moderates American College of Governance Counsel Panel

On Nov. 9, Bernstein Litowitz Berger & Grossmann partner Greg Varallo moderated the "Developments on Delaware's Entire Fairness Doctrine" panel at the American College of Governance Counsel.
1 minute read
In re Mindbody, Inc., Stockholder Litig.
Publication Date: 2023-11-27
Practice Area: Mergers and Acquisitions
Industry: E-Commerce | Investments and Investment Advisory | Software
Court: Court of Chancery
Judge: Chancellor McCormick
Attorneys:
For plaintiff: Joel Friedlander, Jeffrey M. Gorris, Christopher M. Foulds, Friedlander & Gorris, P.A., Wilmington, DE; Gregory V. Varallo, Andrew E. Blumberg, Bernstein Litowitz Berger & Grossmann LLP, Wilmington, DE; Jeroen van Kwawegen, Bernstein Litowitz Berger & Grossmann LLP, New York, NY for plaintiffs.
For defendant: Lisa A. Schmidt, Robert L. Burns, Matthew D. Perri, John M. O’Toole, Richards, Layton & Finger, P.A., Wilmington, DE; Matthew Solum, P.C., John Del Monaco, Jeffrey R. Goldfine, Jacob M. Rae, Kirkland & Ellis LLP, New York, NY for defendants.
Case number: 2019-0442-KSJM

Stockholders in fiduciary class action who also petitioned for appraisal were entitled to elect between continuing with appraisal or taking the class remedy, even though the law required the corporation's approval for withdrawal of the petition for appraisal.

November 10, 2023 | Delaware Law Weekly

Laster Scheduled to Make 'Very Tough Call' on Fox Derivative Case Leadership

Attorneys from two camps both sides voiced their thoughts on why their complaint makes a stronger argument and how their attorneys have a greater chance of working cooperatively in the breach of fiduciary duty litigation.
4 minute read
November 09, 2023 | Delaware Business Court Insider

Laster Set to Make 'Very Tough Call' on Fox Derivative Case Leadership

Attorneys from two camps both sides voiced their thoughts on why their complaint makes a stronger argument and how their attorneys have a greater chance of working cooperatively in the breach of fiduciary duty litigation.
4 minute read
November 07, 2023 | New York Law Journal

Discovery Stay Under Federal Securities Litigation Statute Applies in State Court as Well: First Dept.

The New York appeals court decision takes a different tack from a recent decision out of California.
3 minute read

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