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April 11, 2024 | Delaware Business Court Insider

'Bent on Entrenchment'?: Shareholder Suits Claim 2 Poison Pills Are Anti-Takeover Front for Boards

The two complaints mirror each other, with each citing the same Delaware case law and bringing two breach of fiduciary duty claims—one alleging disclosure violations and the other that board members are using the plans as a means of entrenching themselves.
4 minute read
Appellate Division, First Department: April 8, 2024
Publication Date: 2024-04-08
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:April 4, 2024

April 04, 2024 | Law.com

Delaware Supreme Court Stresses Committee Independence In Match Group Decision

The Supreme Court said entire fairness is the standard of review in any controller-involved transaction, but business judgment can be applied when both an independent committee and a shareholder vote approve the deal.
4 minute read
April 04, 2024 | Delaware Business Court Insider

Supreme Court Stresses Committee Independence In Match Group Decision

The Supreme Court said entire fairness is the standard of review in any controller-involved transaction, but business judgment can be applied when both an independent committee and a shareholder vote approve the deal.
4 minute read
Palkon v. Maffei
Publication Date: 2024-04-01
Practice Area: Corporate Governance
Industry: E-Commerce | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys:
For plaintiff: Gregory V. Varallo, Andrew E. Blumberg, Mae Oberste, Daniel E. Meyer, Bernstein Litowitz Berger & Grossmann LLP, Wilmington, DE; Kimberly A. Evans, Lindsay K. Faccenda, Irene R. Lax, Robert Erickson, Block & Leviton LLP, Wilmington, DE; Jeroen van Kwawegen, Bernstein Litowitz Berger & Grossmann LLP, New York, NY; Jeremy Friedman, David Tejtel, Christopher Windover, Lindsay La Marca, Friedman Oster & Tejtel PLLC, Bedford Hills, NY; Jason Leviton, Block & Leviton LLP, Boston, MA; D. Seamus Kaskela, Adrienne Bell, Kaskela Law LLC, Newtown Square, PA for plaintiffs.
For defendant: Kevin R. Shannon, J. Matthew Belger, Jaclyn C. Levy, Christopher D. Renaud, Justin T. Hymes, Potter Anderson & Corroon LLP, Wilmington, DE; Matthew W. Close, Jonathan B. Waxman, O’Melveny & Myers LLP, Los Angeles, CA; Abby F. Rudzin, Asher Rivner, O’Melveny & Myers LLP, NY, New York; Bradley R. Aronstam, S. Michael Sirkin, Ross Aronstam & Moritz LLP, Wilmington, DE; John A. Neuwirth, Evert J. Christensen, Jr., Stefania D. Venezia, Weil, Gotshal & Manges LLP, New York, NY for defendants.
Case number: 2023-0449-JTL

Court declined to certify order denying motion to dismiss where the order did not decide novel legal issues or issues of substantial importance and where interlocutory review was unlikely to materially advance the resolution of the litigation.

Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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March 21, 2024 | Delaware Business Court Insider

Ousted Chemours Execs Targeted in Securities Action Over Corporate Books

ernstein Litowitz Berger & Grossman and Kessler Topaz Meltzer & Check are representing the plaintiff in the case, which brings Exchange Act claims against Chemours and several executives.
3 minute read
March 12, 2024 | New York Law Journal

Recognizing the Role of the Bench and Bar in Improving the Lives of Women and Girls

Keynote speakers for the event were U.S. District Judge Esther Salas of the District of New Jersey, whose advocacy following the murder of her son led to passage of the Daniel Anderl Judicial Security and Privacy Act, and Maria Cruz Melendez, a partner at Skadden, Arps, Slate, Meagher & Flom.
2 minute read
March 08, 2024 | Delaware Business Court Insider

A Legal 'Doomsday'?: Delaware Faces Criticism at Tulane Conference

Merger and acquisition practitioners are having a difficult time figuring out how best to counsel their clients, and litigators are left with questions on how best to make their case to the Court of Chancery.
4 minute read
March 04, 2024 | Delaware Business Court Insider

Tesla Shareholder Attorneys Ask for $5.6B in Stock to Cover Fees, in Record Request

Bernstein Litowitz Berger & Grossmann, Friedman Oster & Tejtel and Andrews & Springer attorneys stressed they're seeking only a fraction of what Delaware law would allow.
5 minute read
February 20, 2024 | Delaware Business Court Insider

Shareholders May Challenge Corporate Conversion From Delaware on Fairness Grounds

Vice Chancellor J. Travis Laster said the doctrine of entire fairness applies and TripAdvisor shareholders have adequately pleaded a claim that a conversion would affect the value of their investments.
3 minute read

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