Corporate and Commercial Practice in the Delaware Court of Chancery
John O’Toole writes:
In In re Volcano Corporation Stockholder Litigation, the Court of Chancery held that stockholders’ acceptance of tender offers as part of mergers accomplished under § 251(h)…
Continue Reading Chancery: § 251(h) Tender Offers Get Irrebuttable Business Judgment Review
In the recent Court of Chancery decision of De Vries v. Del Mar, L.L.C., C.A. No. 9372-ML (June 3, 2015), Master LeGrow granted disclosure of privileged information under…
Continue Reading Court Grants Disclosure of Privileged Documents under Garner Doctrine
In the recent decision of Ehlen v. Conceptus, Inc., C.A. No. 8560-VCG (Del. Ch. May 24, 2013), the Court of Chancery ruled on a motion to expedite filed…
Continue Reading Court Denies Motion to Expedite; Delay Added to Plaintiff’s Burden
In the case of The Ravenswood Investment Company, L.P. v. Winmill & Co. Inc., C.A. No. 7048-VCN (Del. Ch., Jan. 31, 2013), the Court of Chancery analyzed motions…
Continue Reading Court Severs Books And Records Action From Fiduciary Duty Claim
It is doubtless troubling to New Media that Delaware law provides no statutory basis for exercising jurisdiction over the manager of a Delaware limited liability partnership for breaches of fiduciary
In Hite Hedge LP et al. v. El Paso Corporation, C.A. No. 7117-VCG, (Del. Ch. Oct. 9, 2012), the Delaware Court of Chancery re-affirmed its longstanding…
On August 27, 2012, the Delaware Supreme Court, in a lengthy, 110 page opinion, affirmed the Court of Chancery’s judgment of over $2 billion in damages in connection with a…
Continue Reading Delaware Supreme Court Affirms Substantial Judgment and Hundreds of Millions of Dollars in Fees for Breach of Fiduciary Duty
In the case of Shocking Technologies v. Michael, C.A. No. 7164-VCN (Del. Ch. Apr. 10, 2012), the Delaware Court of Chancery examined whether it has the inherent authority…
In the case of Auriga Capital Corporation v. Gatz Properties, LLC, C.A. No. 4390-CS (Del. Ch. Jan. 27, 2012), the Court of Chancery reinforced the notion that a…
Continue Reading Delaware LLC Controlling Member Held Liable for Fiduciary Breaches
It is not uncommon for shareholders who seek appraisal of their shares, pursuant to Section 262 of the Delaware General Code (“DGCL”) in objection to a merger, to also pursue…
