Section 223 of the Delaware General Corporation Law (the “DGCL”) provides an invaluable remedy to stockholders when there are no directors in office, or when, due to vacancies or newly
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Summary Proceedings
Appraisal of Dell Inc.: Discounted Cash Flow Methodology Utilized
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Today, Vice Chancellor Laster issued a lengthy 114 page opinion in connection with the appraisal of shares of Dell Inc. The Court of Chancery found that Michael Dell and Silver…
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Dell Inc. Appraisal – Technical Defect Dooms T. Rowe Petitioners
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In the recent opinion of In re Appraisal of Dell Inc., C.A. No. 9322-VCL (Del. Ch. May 11, 2016), the Delaware Court of Chancery issued an opinion finding that…
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Chancery Reinstates Director Under Section 225 Who Was Deceived Into Resigning
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Section 225 of the Delaware General Corporation Law (“DGCL”) provides a mechanism through which shareholders, directors or officers of a corporation can challenge the appointment, removal or resignation of any…
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Section 205 Actions Further Clarified
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Section 205 of the DGCL provides the Court of Chancery with broad powers to fashion declaratory and other appropriate remedies, and specifies considerations to be weighed by the Court of…
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Andrikopoulos Decision Adopted – Advancement Claims Not Afforded Priority Status in Receivership Proceeding
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Very recently, we wrote on the Andrikopoulos decision of Vice Chancellor Parsons (Andrikopolous v. Silicon Valley Innovation Company, LLC, C.A. No. 9899-VCP (Del. Ch. July 30, 2015),…
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Advancement Claim in Receivership Addressed
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In the recent decision of Andrikopolous v. Silicon Valley Innovation Company, LLC, C.A. No. 9899-VCP (Del. Ch. July 30, 2015), Vice Chancellor Parsons addressed the novel issue under Delaware…
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Court of Chancery Rejects Defenses to Advancement – Fees on Fees Granted
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Delaware companies should “tread carefully” in denying a present or former executive’s demand for advancement, because as reflected by the recent decision of Blankenship v. Alpha Appalachia Holdings, Inc., …
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Implementation of the Delaware Rapid Arbitration Act
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The Delaware Supreme Court and the Court of Chancery have each amended their Rules to implement the Delaware Rapid Arbitration Act. The announcement of these amendments provides,
Amendments to the…
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Advancement and Indemnification Rights – Recovering Interest
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Are corporate officials entitled to interest on advancement and indemnification obligations owed by the company?
While the statute, 8 Del. C. § 145, does not address the recovery of interest…
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