Delaware Governor John Carney recently signed into law a bill to amend Section 145 of the Delaware General Corporation Law (“DGCL”) to allow Delaware corporations to use captive insurance for
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Advancement
Advancement Awarded to Delaware LLC Member by Court of Chancery
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In a recent opinion issued by the Delaware Court of Chancery, Freeman Family LLC v. Park Avenue Landing LLC, C.A. No. 2018-0683-TMR (Del. Ch. Apr. 30, 2019), Vice Chancellor…
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Indemnification of Affirmative Claims Analyzed by the Court of Chancery
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In the recent post-trial memorandum opinion of Dore v. Sweports, Ltd., C.A. No. 10513-VCL (Del. Ch. Jan. 31, 2017), Vice Chancellor Laster addressed indemnification for fees incurred in…
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Andrikopoulos Affirmed – Advancement Claims Not Afforded Priority in Receivership
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In 2015, the Court of Chancery ruled upon the then novel issue under Delaware law as to what priority level advancement claims should be afforded in a receivership action. Then…
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Chancery Grants Advancement on Summary Judgment – Fees on Fees Granted
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In the recent decision of James R. Thompson, et al. v. ORIX USA Corporation, et al., C.A. No. 11746-CB (Del. Ch. June 3, 2016), the Court of Chancery ruled…
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Discovery Limited into Reasonableness of Fees Until Right to Advancement Established
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In the recent bench ruling entered in Harrison v. Quivus Systems LLC, C.A. 12084-VCMR (April 7, 2016), Vice Chancellor Montgomery-Reeves ruled that discovery into the reasonableness of fees sought…
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Advancement: “Fees on Fees” Do Not Accrue Until Required Undertaking Submitted
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In a recent opinion by the Court of Chancery’s newest judicial officer, Vice Chancellor Slights, the Court considered the issue of when “fees on fees” begins to accrue in connection…
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Advancement Rights – “By Reason of the Fact” Standard Discussed
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In a prior post, we discussed the “by reason of the fact” requirement in Delaware advancement proceedings. In that post, we addressed the decision of Lieberman v. Electrolytic Ozone, …
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Chancery Grants Advancement in Tulum, Along with Fees on Fees
By Fox Rothschild LLP on
The recent, pithy decision of Tulum Management USA LLC v. Casten, C.A. No. 11321-VCN (Del. Ch. Dec. 23, 2015) involved a request for advancement by plaintiff George Polk against…
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Stay Denied in Advancement Case
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In the recent decision of Tulum Management USA LLC v. Casten, C.A. No 11321-VCN (Del. Ch. Nov. 9, 2015), Vice Chancellor Noble declined a party’s request to stay a…
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