In the recent decision of In re Oxbow Carbon LLC Unitholder Litig., Consol. C.A. No 12447-VCL (Del. Ch. March 13, 2017), Vice Chancellor Laster provides a comprehensive review of
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Practice Pointers
Enlargement of Word Count Requires Good Cause
The recent letter order issued in the case of Kandell, et al. v. Niv, et al., C.A. No. 11812-VCG (Del. Ch. Oct. 14, 2016) illustrates the Court’s disfavor when parties…
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Jurisdiction Over Foreign Delaware Corporations Revisited
In the recent Delaware Supreme Court decision of Genuine Parts Company v. Cepec, No. 528, 2015 (Apr. 18, 2016), the Delaware High Court issued a landmark ruling, holding…
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Unsworn Declarations – Verifying Pleadings Under the Delaware Uniform Unsworn Foreign Declarations Act
The Court of Chancery Rules require that any petition or complaint be verified under Rule 3(aa), requiring that they “be under oath or affirmation by the party filing such pleading…
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Claim for Piercing the Corporate Veil Analyzed by Chancery
In the recent Court of Chancery opinion of Doberstein v. G-P Industries, Inc., C.A. No. 9995-VCP (Del. Ch. Oct. 30, 2015), the Court rejected a claim for piercing…
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Court of Chancery Denies Untimely Amendment to Complaint
The decision of OptimisCorp. v. Waite, et al., C.A. No. 8773-VCP (Del. Ch. Jan. 28, 2015) is a good read for litigants seeking leave of the Court to amend…
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Chancery Court Issues Sanctions for Deficient Privilege Log
In the decision of Mechel Bluestone v. James C. Justice Cos., C.A. No. 9218-VCL (Del. Ch. Dec. 12, 2014), the Court of Chancery adjudicated a motion to compel…
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Disputes Over Board Composition or Officer Position (Part II)
- Shareholders (both record holders or beneficial holders)
- Directors (incumbent and putative)
- Officers (only if his or her own title to office is
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Disputes Over Board Composition or Officer Position (Part I)
If you are a shareholder or director of a Delaware corporation, and you dispute the composition of the company’s board of directors, or the appointment of an officer, you have…
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