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McGuiness v. State
Publication Date: 2024-02-26
Practice Area: Criminal Law
Industry: State and Local Government
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys:
For plaintiff: Steven P. Wood, Chelsea A. Botsch, McCarter & English, LLP, Wilmington, DE, Dean A. Elwell, McCarter & English, LLP, Boston, MA for plaintiff.
For defendant: David C. McBride, M. Paige Valeski, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.
Case number: 438, 2022

Official misconduct conviction reversed where trial court delayed in recognizing legal insufficiency of procurement law violation charge, thereby allowing jury to hear evidence on the procurement charge that could have spilled over into the jury's consideration of the official misconduct charge.

February 21, 2024 | Delaware Law Weekly

Two Young Conaway Attorneys Selected to the LCLD 2024 Fellows and Pathfinders Programs

Young Conaway Stargatt & Taylor announced that two of its attorneys have been selected to the Leadership Council on Legal Diversity (LCLD) 2024 Fellows and Pathfinders programs.
1 minute read
In re Oracle Corp. Derivative Litig.
Publication Date: 2024-02-19
Practice Area: Mergers and Acquisitions
Industry: E-Commerce | Software
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys:
For plaintiff: Joel Friedlander, Jeffrey M. Gorris, David Hahn, Friedlander & Gorris, P.A., Wilmington, DE; Christopher H. Lyons, Tayler D. Bolton, Robbins Geller Rudman & Dowd LLP, Wilmington, DE; Randall J. Baron, David A. Knotts, Robbins Geller Rudman & Dowd LLP, San Diego, CA; Gregory Del Gaizo, Robbins LLP, San Diego, CA for plaintiffs.
For defendant: Blake Rohrbacher, Susan M. Hannigan, Matthew D. Perri, Daniel E. Kaprow, Kyle H. Lachmund, Richards, Layton & Finger, P.A., Wilmington, DE; Elena C. Norman, Richard J. Thomas, Alberto E. Chávez, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Peter A. Wald, Latham & Watkins LLP, San Francisco, CA; Blair Connelly, Latham & Watkins LLP, New York, NY for defendants.
Case number: 2017-0337-SG

Court denied corporate benefit fee to plaintiffs who were unsuccessful at trial as the appointment of independent directors to the corporation's special litigation committee was too ancillary a benefit to warrant a fee.

DiDonato v. Campus Eye Mgmt., LLC
Publication Date: 2024-02-12
Practice Area: Corporate Governance
Industry: Health Care | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys:
For plaintiff: Mary F. Dugan, Emily V. Burton, Tanner C. Jameson, Young Conaway Stargatt & Taylor LLP, Wilmington, DE for plaintiff.
For defendant: Ethan H. Townsend, Daniel T. Menken, Ryan D. Konstanzer, McDermott Will & Emery LLP, Wilmington, DE for defendant.
Case number: 2023-0671-LWW

Manager and member of LLC remained the manager of the company where the LLC agreement required his involvement and approval for any amendment, such that the other investors in the company could not unilaterally amend the agreement to remove the manager.

Cantor Fitzgerald, L.P. v. Ainslie
Publication Date: 2024-02-12
Practice Area: Contracts
Industry: Financial Services and Banking
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys:
For plaintiff: C. Barr Flinn, Paul J. Loughman, Alberto E. Chávez, Skyler A. C. Speed, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE; David A. Paul, Virginia J. Cardenas, Sid Nadkarni, Cantor Fitzgerald, New York, NY; Benjamin R. Nagin, Eric G. Hoffman, Sidley Austin LLP, New York, NY; Tacy F. Flint, Frank J. Favia, Jr., Sidley Austin LLP, Chicago, IL for appellant.
For defendant: Blake A. Bennett, Cooch & Taylor P.A., Wilmington, DE; Kyle W. Roche, Kyle Roche P.A., New York, NY; Velvel Freedman, Alex Potter, Freedman Normand Friedland LLP, New York, NY for appellees.
Case number: 162, 2023

A "forfeiture-for-competition" provision in a partnership agreement did not qualify as a restraint on trade, and thus partners who had negotiated and benefitted from such a term would be held to the terms of their agreement due to the Delaware Revised Uniform Limited Partnership Act's express favor for the enforceability of contracts.

Law Journal Press | Digital Book COVID-19 as a Trigger for Force Majeure: A Global Survey Authors: Lisa Richman, Shawn Helms, Jason Krieser, Matthew Cin, Amy Mahan View this Book

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In re: Ursa Operating Co., LLC
Publication Date: 2024-02-05
Practice Area: Bankruptcy
Industry: Energy
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Porter
Attorneys:
For plaintiff: George A. Barton, Barton and Burrows, LLC, Mission, KS for appellants.
For defendant: Duston K. McFaul, Maegan Quejada, Sidley Austin LLP, Houston, TX; Robert S. Velevis, Sidley Austin LLP, Dallas, TX; Robert S. Brady, Edmon L. Morton, Kenneth J. Enos, Joseph M. Mulvihill, Young Conaway Stargatt & Taylor, Wilmington, DE; Ana Alfonso, Willkie Farr & Gallagher, New York, NY; John H. Knight, Amanda R. Steele, Richards Layton & Finger, Wilmington, DE for appellees.
Case number: 22-1729

Lower courts erroneously dismissed adversary complaint of property owners to recover improperly withheld oil and gas royalties where property owners, not extractor, had an equitable interest in the funds, and thus a constructive trust was an appropriate mechanism for relief.

February 02, 2024 | Litigation Daily

Litigator of the Week Runners-Up and Shout Outs

Kaplan Hecker & Fink won a second verdict against former President Donald Trump for client E. Jean Carroll.
7 minute read
January 29, 2024 | Delaware Business Court Insider

Supreme Court: Pro-Contract Delaware Shouldn't Override Forfeiture for Competition Provisions

Justice Gary F. Traynor's opinion, which emphasizes Delaware's strong deference to contract freedoms, remanded the case of former Cantor Fitzgerald partners to the Court of Chancery.
4 minute read
January 29, 2024 | Delaware Law Weekly

Pro-Contract Delaware Shouldn't Override Forfeiture for Competition Provisions, Del. Supreme Court Says

Justice Gary F. Traynor's opinion, which emphasizes Delaware's strong deference to contract freedoms, remanded the case of former Cantor Fitzgerald partners to the Court of Chancery.
3 minute read
Icahn Partners LP v. deSouza
Publication Date: 2024-01-29
Practice Area: Mergers and Acquisitions
Industry: Biotechnology | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys:
For plaintiff: C. Barr Flinn, M. Paige Valeski, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Peter J. Walsh, Jr., Michael A. Pittenger, Justin T. Hymes, Potter Anderson & Corroon LLP, Wilmington, DE for plaintiffs.
For defendant: A. Thompson Bayliss, Eric A. Veres, Michael T. Manuel, Abrams & Bayliss LLP, Wilmington, DE for defendants.
Case number: 2023-1045-PAF

Court struck pleadings based on confidential corporate information where information was supplied by director nominated by stockholder although the stockholder did not have a contractual right to designate the director and the director did not serve as the stockholder's fiduciary on the board.

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