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
Continue Reading Chancery Grants Advancement on Summary Judgment – Fees on Fees Granted
fees on fees
Advancement: “Fees on Fees” Do Not Accrue Until Required Undertaking Submitted
By Fox Rothschild LLP on
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…
Continue Reading Advancement: “Fees on Fees” Do Not Accrue Until Required Undertaking Submitted
Chancery Grants Advancement in Tulum, Along with Fees on Fees
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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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Advancement – Court Rejects Contractual Requirement that Fees on Fees be Paid Even if Claim is Unsuccessful
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Often times, a Delaware company will provide its directors and officers with advancement and indemnification to the fullest extent allowed under Delaware law, as a means to attract qualified individuals…
Continue Reading Advancement – Court Rejects Contractual Requirement that Fees on Fees be Paid Even if Claim is Unsuccessful
Advancement of Fees: When Multiple Sources are Implicated
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In the case of Pontone v. Milso Industries Corp., C.A. No. 8842-VCP (Aug. 22, 2014), Vice Chancellor Parsons addressed the issue of from which source a director or…
Continue Reading Advancement of Fees: When Multiple Sources are Implicated