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Lamb OKs $17.5 Million Settlement In Freeport-McMoRan
Wrapping up eight years of litigation that was at one point disrupted by Hurricane Katrina, Vice Chancellor Stephen Lamb of Delaware's Court of Chancery approved a $17.5 million settlement in In re Freeport-McMoRan Sulphur Inc. Shareholder Litigation.SFX Entertainment Clears the Dockets
New York's SFX Entertainment is ready to rock and roll on a settlement of nearly a dozen lawsuits filed in Delaware Chancery Court. Shareholders contended they figuratively got pushed to the back of the auditorium in a $4 billion buyout of the concert promoter by Clear Channel Communications Inc.Shipping Firms' Merger May Be Eyed Only for Fairness
The Delaware Supreme Court has affirmed the Court of Chancery's dismissal of a unitholder lawsuit alleging that a general partner of K-Sea Transportation Partners LP received excess consideration for its units when the shipping company's conflicts committee approved a $332 million merger with Kirby Corp. K-Sea's general partner obtained a fairness opinion reviewing the entire merger, which, under the limited partnership agreement, fulfilled its obligation to act in good faith, the high court ruled.Sirius Shareholders Waited Too Long to Sue Board Over Deal
The Delaware Court of Chancery has dismissed a derivative lawsuit alleging that Sirius XM Radio Inc.'s board breached its fiduciary duties in 2009 when it agreed to provide Liberty Media Corp. with an opportunity to acquire the satellite radio provider in exchange for a $530 million loan to keep the company out of bankruptcy.Delaware Supreme Court Denies Attorney Fees Where Firm Worked for Free
The Delaware Supreme Court has reversed the Court of Chancery's decision to award $3 million in attorney fees to plaintiffs counsel in a dispute between a commercial real estate investment fund and a property management company, holding there can be no reimbursement of attorney fees to a plaintiff that incurred no expenses because its lawyers had declined to charge a fee in order to avoid any potential malpractice claim.Activision Appeal to Focus on Chancery's Authority to Issue TRO
Does the Delaware Court of Chancery have the authority to issue a temporary restraining order if the plaintiff does not ask for one? The Delaware Supreme Court will wrestle with that issue Thursday when it hears arguments on whether the Chancery Court exceeded its authority when it enjoined Activision Blizzard Inc.'s $8.2 billion purchase of the majority of its shares held by Vivendi, a French conglomerate that owns Activision.Chancery Court Lowers Attorney Fees Upon Remand
The Delaware Court of Chancery has reduced the $3 million in attorney fees and expenses it initially awarded to plaintiffs counsel in a dispute between a commercial real estate investment fund and a property management company to about $743,000. The court revised the award after the Delaware Supreme Court ruled that the plaintiff in the case could not have its attorney fees reimbursed because it incurred no expenses after the lawyers declined to charge a fee in order to avoid any potential malpractice claim.Challenge to $24 Bil. Dell Buyout Won't Be Expedited
The Delaware Court of Chancery has denied a request by Dell Inc.'s shareholders to expedite their lawsuit challenging a $24.4 billion buyout proposed by company founder Michael Dell. In issuing the decision, the court held that the plaintiffs failed to plead colorable claims of breach of fiduciary duty against the company's board for recommending the buyout and that the stockholders have the option of voting against the offer.Health Firm's $1.8 Mil. Indemnification Claim Blocked
The Delaware Court of Chancery has blocked a health care network provider from recouping a $1.8 million indemnification for an alleged material breach of contract on the part of a company it had acquired.Creating a Culture of Compliance
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