Delaware Business Litigation Report

Delaware Business Litigation Report "provides summaries of the recent decisions of those courts in business-related litigation. It also permits keyword searches to find those decisions."

Author: The blawg is sponsored by Delaware law firm Morris James, which handles corporate and bankruptcy litigation, and gives companies advice in tax, estate planning and real estate matters.

Blawg Related Categories: Corporate Law • Corporate Compliance • Labor & Employment • States • Delaware • Business Law

Recent Posts from Delaware Business Litigation Report

Court of Chancery Enjoins Vote
David P. Simonetti Rollover IRA v. Margolis, C.A. 3694-VCN (Del. Ch. June 27, 2008)What must be disclosed to stockholders in a proxy for a merger vote is now well established. This decision again repeats that…
Court of Chancery Upholds Complaint Over Options
London v Tyrrell, C.A. 3321-CC (Del Ch. June 24, 2008)One of the tests for whether a board of directors is interested in a transaction under attack in a derivative suit so as to excuse demand…
Court of Chancery Upholds Advancement for Attorney
Jackson Walker LLP v. Spira Footwear Inc., C.A. 3150-VCP (Del Ch. June 23, 2008) Recently, whether outside counsel is entitled to advancement under a corporate bylaw that provides for payment of the fees incurred by…
Superior Court: A Secured Loan Transaction Only Conveys A Security Interest, Not Legal Title
Segovia v. Equities First Holdings, LLC, 2008 WL 2251218 (Del. Super. Ct. May 30, 2008).This decision offers predictability to parties entering into straightforward secured loan transactions under Delaware law. It assures that a security interest…
Court of Chancery Denies Advancement for Litigation Instituted by a Director
Donohue v. Conning, C.A. 3733-VCS (Del. Ch. June 20,2008)The Delaware Supreme Court has upheld a claim for fee advancement in litigation instituted by a former director, even though advancement has usually been thought of as…
Court of Chancery Upholds Right To Refuse To Settle
Barrett v. American Country Holdings Inc., C.A. 3071-VCS (Del. Ch. June 20, 2008) There is a continuing tension between D&O insurers and the companies whose directors they insure to use the D&O coverage to pay…
Court of Chancery Issues Major Disclosure Law Decision
In re Transkaryotic Therapies, Inc., C.A. 2776-CC (Del Ch. June 19, 2008)The law of Delaware on when damages may be awarded for failing to make proper disclosures to stockholders in a proxy statement has been…
Court of Chancery Explains Distribution Rights Issues
Schuss v. Penfield Partners LLP, C.A. 3132-VCP (Del. Ch. June 13, 2008)This decision explains how distribution rights for a withdrawing partner may be determined and points out that ambiguous language in the partnership agreement may…
Court of Chancery Criticizes Form Bylaws
Gary v. Beazer Homes USA, Inc., C.A. 3537-VCS (Del. Ch. June 11, 2008)Form bylaws taken from treatises or filings with the SEC are often copied without much thought. In this decision, the Court of Chancery…
Court of Chancery Explains How To Defend In A Deadlock
Maitland v. International Registries, LLC, C.A. 3669-CC (Del. Ch. June 6, 2008)It often occurs in a dispute between the owners of a closely held corporation or LLC that no one has enough votes to decide…