A question that is often posed to Delaware corporate practitioners is whether a non-Delaware court can dissolve a Delaware entity. Certain jurisdictions, such as Texas, will generally decline to dissolve
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Court Stays Consideration of Action to Allow Arbitrator to Determine Jurisdiction
By Fox Rothschild LLP on
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…
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Derivative Action Dismissed by the Court Under the McWane Doctrine
By Fox Rothschild LLP on
On February 28, 2013, the Court of Chancery, through its opinion of In re Diamond Foods, Inc. Derivative Litigation, C.A. No. 7657-CS (Del. Ch. Feb. 28, 2013), entered an…
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Double Derivative Actions: Court Applies Law of Country of Spanish Parent Company in Dismissing Complaint
By Fox Rothschild LLP on
“‘In a double derivative action involving a wholly owned subsidiary, a stockholder plaintiff only must plead demand futility (or otherwise satisfy Rule 23.1) at the parent level.’ [However], where ‘the …