Law 360

SEPTEMBER 11, 2023

Delaware's Court of Chancery last week approved an "extraordinary" $167.5 million damage request, and lamented the difficulties of enforcing court orders for faraway litigants. In case you missed any of it, here's the latest from Delaware's Chancery Court.

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Law 360

JUNE 24, 2024

Amendments to Delaware's General Corporation Law topped the news out of the Court of Chancery again last week, as the hotly contested measure sailed through the state's legislature.

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Above The Law

APRIL 12, 2022

The state’s top court upheld fee-shifting of a contingent fee. Analogous logic could apply to the costs of litigation funding. The post Why A Delaware Supreme Court Decision Affirming Shifting A Contingency Fee To The Losing Party Could Have Applications To Recovering The Costs Of Litigation Funding appeared first on Above the Law.

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Law 360

MARCH 25, 2024

Last week in Delaware's Court of Chancery, litigants battled as Truth Social went public, Carl Icahn and Tripadvisor hit a roadblock, and more shareholders wailed about "invasive" bylaws. Oil drilling and pharmaceutical mergers sparked new lawsuits, and a sewing machine trademark owner snipped a long-running thread.

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Law 360

OCTOBER 24, 2024

Clark Hill PLC has added an attorney who previously led Elliott Greenleaf PC's Delaware office to help bolster the firm's litigation team and its work handling corporate litigation in the First State's esteemed Chancery Court.

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Law 360

OCTOBER 23, 2023

From chewing gum to Netflix, cannabis to Caribbean jet-setting, Delaware Chancery Court litigation covered its share of vices last week. Not to mention proxy battles, insider trading allegations, share appraisal demands and lots of foot-dragging.

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Law 360

NOVEMBER 20, 2023

Lawsuits that went nowhere got pretty expensive in Delaware's Court of Chancery last week, which saw the award of a multimillion-dollar "mootness" fee and a settlement of litigation that closed a $720 million deal. New cases involved Walt Disney, Real Life, Zendesk and animal health company Covetrus Inc.

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Law 360

JUNE 6, 2022

Controversy came to the Delaware Chancery Court as advocates panned the governor's nominee for a vacant seat. In the meantime, Lynn Tilton's management of Stila Styles got a makeover, a delivery from Amazon got a winning review, and a unanimous Delaware Supreme Court ruling may finally spell an end to TransPerfect litigation.

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Law 360

AUGUST 30, 2024

An "absolute litigation privilege" barring lawsuits targeting defamation related to court action in Delaware doesn't block involuntary LLC share repurchase demands triggered by a terminated subsidiary officer's alleged defamatory statements, a Delaware judge has ruled.

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Law 360

NOVEMBER 13, 2023

Lots of travel-related litigation in Delaware's Court of Chancery last week, with cases involving TripAdvisor, Hertz Global Holdings, engine parts manufacturer Carter Carburetor, and a reference to the purgatorial Hotel California. In case you missed it, here's the latest from Delaware's Chancery Court.

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Law 360

JANUARY 29, 2024

A transportation services company and cryptocurrency fund both exited litigation, a grill maker and EV-charging company fired up new cases, and biotechs bandaged old wounds while judges fast-tracked a musical power struggle and unwound a REIT deal. All told, a typical week for Delaware's court of equity.

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Law 360

JANUARY 16, 2024

Delaware's Court of Chancery tuned in to several music-related disputes last week, with two settlements involving Sirius XM and a new case over the late musician Prince's estate. Other litigation related to various ventures focused on house-flipping, house-cleaning, home-building, funerals and hospital workers' scrubs.

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Patently O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

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Law 360

OCTOBER 2, 2023

Delaware's Court of Chancery prepped for a makeover last week as new litigants sought legal fees, milestone payments, merger documents and more damages from opioid sales. Used car empire Carvana Inc.'s s founders snagged a deal on super-voting stock, and clothing retailer Guess Inc.

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Law 360

MAY 3, 2024

Hagens Berman Sobol Shapiro LLP was appointed lead counsel in securities litigation claiming Beauty Health Co. hid the news of a defective skin care device, beating competing bids from Glancy Prongay & Murray LLP and Pomerantz LLP, according to an order in Delaware federal court.

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Law 360

FEBRUARY 28, 2022

Last week Delaware's Chancery Court greenlighted a record-setting settlement with Boeing directors, shunned a call to fund an entrenched Aerojet boardroom split, and snuffed out a new flame of litigation as Lee Enterprises continued to fend off a hostile takeover by Alden Global Capital.

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Law 360

AUGUST 29, 2022

Recent state court decisions mirroring procedures employed by the Delaware Chancery Court to short-circuit the adjudication of disputes concerning ultra vires corporate acts are a welcome sign for parties who are required to litigate their corporate disputes outside of Delaware, say attorneys at Akerman.

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Law 360

SEPTEMBER 18, 2024

An attorney for residential solar power system dealer Sunder Energy LLC told Delaware's top court Wednesday that the Chancery Court last year relied on a case record "procedurally anomalous and bereft of fact" when it denied a preliminary injunction in a noncompete suit targeting a co-founder and two competitors.

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Mondaq

AUGUST 10, 2021

On August 5, 2021, the Delaware Court of Chancery issued revised Guidelines for Persons Litigating in the Court of Chancery.

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Law 360

NOVEMBER 22, 2024

Three plaintiffs' firms known for shareholder litigation seek $25 million in fees for their work on a $123 million settlement with Walmart in Delaware's Chancery Court, ending a suit that claimed oversight failures at the retail giant led to reckless opioid prescriptions and massive liabilities.

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Law 360

MARCH 1, 2024

The Delaware Supreme Court's recent order in the Baker Hughes derivative litigation allowing testimony from a single-member special litigation committee highlights the fact that, while single-member SLCs are subject to heightened scrutiny, they can also provide unique opportunities, says Josh Bloom at MoloLamken.

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Law 360

OCTOBER 13, 2021

Zuckerberg, the Delaware Supreme Court adopted a new universal test for assessing a board’s ability to independently assess a shareholder litigation demand, which may close off certain paths for plaintiffs who seek to plead demand futility, say Courtney Worcester and Roger Lane at Holland & Knight.

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Law 360

FEBRUARY 15, 2024

arm, which are embroiled in state court litigation with the company's lender, asked a Delaware bankruptcy judge to dismiss the company's Chapter 11 case, saying the bankruptcy petition was filed to stymy the ongoing state court litigation. Affiliates of Indian tech giant Byju's U.S.

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Law 360

NOVEMBER 20, 2024

If affirmed on appeal, the rationale employed by the Delaware federal court in Wyeth v. AstraZeneca to find "unit dosage"-related patent claims invalid could lead to a significant paradigm shift in how active-ingredient-focused patent applications are drafted and litigated, say Matthew Zapadka and John Schneible at Arnall Golden.

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Law 360

JULY 5, 2024

The Delaware Chancery Court's first full dismissal of claims challenging a special purpose acquisition company transaction under the entire fairness doctrine in the recent Hennessy Capital Acquisition Stockholder Litigation establishes useful precedent to abate the flood of SPAC litigation, says Lisa Bugni and Benjamin Lee at King & Spalding.

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Law 360

APRIL 28, 2023

and an NAI affiliate won a partial victory Friday in a Delaware Superior Court battle over potential partial insurance coverage for payouts in CBS-Viacom merger challenges that recently produced a $289.5 million pair of tentative Chancery Court stockholder settlements. Redstone, National Amusements Inc.

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Law 360

MAY 22, 2024

Delaware's Supreme Court declared Wednesday that there shall be no sequel to the drama from common stockholders of AMC Entertainment Holdings Inc. who objected to a class settlement of litigation in the state's Chancery Court.

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Law 360

MAY 21, 2021

Delaware's Chancery Court is exiting the pandemic emergency in a "great position to tackle the challenges ahead" after a year of litigating remotely, but is also facing a growing and more-complex docket, according to newly minted Chancellor Kathaleen S. McCormick, who assumed leadership of the court this month.

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LawSites

APRIL 26, 2022

district judge in Delaware but who last month became a judge of the Court of Appeals for the Federal Circuit — sided with ROSS. However, the judge did not accept a second antitrust theory asserted by ROSS — that TR had engaged in anticompetitive conduct by pursuing sham litigation. Judge Leonard P.

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LawSites

DECEMBER 16, 2021

The Delaware court system is recognized throughout the legal profession as a leading forum for the litigation of business and commercial disputes. State Court Expansion. As the company’s name suggests, PacerPro developed its PDF2Go service for the federal courts’ PACER electronic filing system.

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LawSites

DECEMBER 16, 2021

The Delaware court system is recognized throughout the legal profession as a leading forum for the litigation of business and commercial disputes. State Court Expansion. As the company’s name suggests, PacerPro developed its PDF2Go service for the federal courts’ PACER electronic filing system.

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Law 360

MAY 9, 2024

Observing a mid-case appeal would "further complicate and delay an already complex litigation," Delaware's Supreme Court has refused to review claims dismissed or retained in an ongoing, potential landmark suit seeking state-level damages for fossil-fuel company emissions tied to climate change.

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Law 360

AUGUST 9, 2023

Food waste recycler California Safe Soil LLC is urging a Delaware bankruptcy judge to dismiss or stay the Chapter 11 case of KDC Agribusiness LLC, branding it a litigation tactic to avoid a now-sidelined Court of Chancery trial regarding KDC's alleged trade secret misappropriation and a more than $300 million damages claim.

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Law 360

OCTOBER 24, 2024

Litigation finance startup CoreStream Capital LLC has won Delaware Court of Chancery fast-tracking of its claims that another company breached an agreement to connect the LLC with merchants seeking shares of a $5.6 billion federal class antitrust settlement covering excessive credit card fees.

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Law 360

AUGUST 8, 2024

Both sides in a Delaware Court of Chancery challenge to an Apollo Global Management Inc. stockholder agreement adopted in 2022 have agreed to a litigation pause, citing the import of a possible Delaware Supreme Court appeal targeting a case that upended state corporate law on similar pacts.

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LegalReader

AUGUST 12, 2021

Delaware County's motion to dismiss wrongful death lawsuit is denied.

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Mondaq

JANUARY 11, 2022

As SPAC IPOs broke records – in both value and volume – in 2020 (and again in 2021), it was inevitable that stockholder litigation would follow. More than 50% of the SPACs that went public in 2020 and 2021 are incorporated in Delaware, giving particular significance to SPAC litigation filed in Delaware courts.

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