Delaware Business Court Insider
By Lewis H. Lazarus | September 13, 2023
In IBEW Local Union 480 Defined Contribution Plan and Trust v. Winborne, the Court of Chancery provided guidance concerning the holistic inquiry that the court uses to assess good faith, holding that the plaintiff successfully had pleaded that a majority of the board acted in bad faith in approving a buyout of a liability for $850 million that the company contemporaneously valued at $175.3 million in its audited financial statements.
6 minute read
Delaware Business Court Insider
By Kaan Ekiner and Mark E. Felger | September 6, 2023
Vice Chancellor Sam Glasscock III considered whether a personal relationship between an independent director and a conflicted director was sufficient to corrupt the independent director's loyalty in approving a cash only freeze-out merger.
7 minute read
By Amanda O'Brien | September 5, 2023
Richard Scheff had been the executive chairman at Montgomery McCracken Walker & Rhodes before leading a group to the St. Louis-based firm in 2018.
4 minute read
By Amanda O'Brien | September 5, 2023
The group does not include any associates. "We need to see what the demand looks like," Dilworth chairman Lawrence McMichael said. "We did offer a couple of associates positions, but they went elsewhere."
3 minute read
By Dan Roe | August 29, 2023
Ron Hauben's arrival at McDermott coincides with increased regulatory activity from the SEC and PCAOB.
3 minute read
Delaware Business Court Insider
By Cliff C. Gardner | August 23, 2023
In In re Edgio Stockholders Litigation, the Delaware Chancery Court was asked to apply the same cleansing effect to a claim for injunctive relief analyzed under Unocal, but Vice Chancellor Morgan Zurn found that Corwin was inapplicable.
6 minute read
Delaware Business Court Insider
By Nathaniel J. Stuhlmiller | August 16, 2023
In Building Trades Pension Fund of Western Pennsylvania v. Desktop Metal, a stockholder plaintiff brought derivative claims against Desktop Metal, Inc., alleging that a provision of the company's rights plan, which was adopted in connection with a proposed merger transaction, impermissibly chilled the free exercise of stockholder voting with respect to the merger agreement at an upcoming stockholder meeting.
6 minute read
By Abigail Adcox | August 13, 2023
Simulated hearings are common at a small cadre of Big Law firms, including Wilmer, Hogan Lovells, Covington, Akin and Gibson Dunn.
6 minute read
Delaware Business Court Insider
By Elizabeth S. Fenton | August 9, 2023
Delaware has a tool, and it remains underutilized: the Delaware Rapid Arbitration Act. The DRAA provides a structure for quick, streamlined and confidential arbitration.
7 minute read
Delaware Business Court Insider
By Ellen Bardash | August 3, 2023
While any shift in how much say corporations need to give shareholders is likely to catch litigators' eye, corporate attorneys say this year's changes affect processes in-house and are not likely to spill over into the courts much, at least not directly.
4 minute read
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