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Delaware Chancery Law Blog

Corporate and Commercial Practice in the Delaware Court of Chancery

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Del. Supreme Court Affirms Court of Chancery’s Decision in AB Stable

By Chaney Hall on December 17, 2021

The Delaware Supreme Court opinion in AB Stable VIII LLC v. MAPS Hotels and Resorts One, LLC, et al., No. 71, 2021, (Del. Dec. 8, 2021), considers whether a…
Continue Reading Del. Supreme Court Affirms Court of Chancery’s Decision in AB Stable

Posted in Case Summaries, Mergers and Acquisitions

Stockholder Lacks Standing to Seek Inspection After Stock Canceled In Merger

By Chaney Hall on December 16, 2021

In Todd Swift v. Houston Wire & Cable Co., C.A. No. 2021-0525-LWW, memo. op. (Del. Ch. Dec. 3, 2021), the Court of Chancery found that a stockholder lacked standing…
Continue Reading Stockholder Lacks Standing to Seek Inspection After Stock Canceled In Merger

Posted in Books and Records Demand, Case Summaries, Mergers and Acquisitions, News, Rules and Links, Shareholder Disputes

Termination of Receivership Standard Addressed by the Court

By Fox Rothschild LLP on August 10, 2015

In the recent decision of Jagodzinksi v. Silicon Valley Innovation Company, LLC, C.A. No. 7378-VCP (Del. Ch. Aug. 7, 2015), the Court of Chancery ruled on plaintiff’s motion to terminate…
Continue Reading Termination of Receivership Standard Addressed by the Court

Posted in Books and Records Demand, Case Summaries, Receivership

Record-Setting Derivative Action Settlement (275MM) Approved by the Court of Chancery

By Fox Rothschild LLP on May 31, 2015

In the recent opinion of In re Activision Blizzard, Inc. Stockholder Litigation, Cons. C.A. No. 8885-VCL (Del. Ch. May 20, 2015), the Court approved the highest settlement reached…
Continue Reading Record-Setting Derivative Action Settlement (275MM) Approved by the Court of Chancery

Posted in Case Summaries

Court Stays Consideration of Action to Allow Arbitrator to Determine Jurisdiction

By Fox Rothschild LLP on May 31, 2015

The Delaware Court of Chancery has not uncommonly stayed actions in favor of a first-filed arbitration proceeding, especially for the purposes of allowing the arbitration panel to determine the scope…
Continue Reading Court Stays Consideration of Action to Allow Arbitrator to Determine Jurisdiction

Posted in Case Summaries, Dissolution

Court of Chancery Rejects Defenses to Advancement – Fees on Fees Granted

By Fox Rothschild LLP on May 31, 2015

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., …
Continue Reading Court of Chancery Rejects Defenses to Advancement – Fees on Fees Granted

Posted in Case Summaries, Summary Proceedings

Advancement and Indemnification Rights – Recovering Interest

By Fox Rothschild LLP on April 30, 2015

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…
Continue Reading Advancement and Indemnification Rights – Recovering Interest

Posted in Summary Proceedings

Advancement and Indemnification Rights – Recovering Fees on Fees

By Fox Rothschild LLP on April 30, 2015

Often times, a corporate official seeking advancement or indemnification will demand “fees on fees” – i.e. recovery of the costs associated with making a demand for advancement or indemnification.

As…
Continue Reading Advancement and Indemnification Rights – Recovering Fees on Fees

Posted in Summary Proceedings

Advancement and Indemnification Rights – Reasonableness of Expenses

By Fox Rothschild LLP on April 30, 2015

Regardless of whether a corporate official seeks advancement or indemnification, such individual may only recover those expenses that have been “actually and reasonably incurred.”  8 Del. C. §§ 145(a) and…
Continue Reading Advancement and Indemnification Rights – Reasonableness of Expenses

Posted in Summary Proceedings

Advancement and Indemnification Rights – “By Reason of the Fact” Standard

By Fox Rothschild LLP on April 30, 2015

Under the DGCL, advancement and indemnification is only appropriate if the director or officer is defending a claim that exists “by reason of the fact that the person is or…
Continue Reading Advancement and Indemnification Rights – “By Reason of the Fact” Standard

Posted in Summary Proceedings

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