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The Delaware Court of Chancery recently held in Levitt Corp. v. Office Depot, Inc., that a bylaw restricting business that could be conducted at annual meetings to (i) matters contained in the meeting notice and (ii) matters otherwise properly brought by the board or by stockholders (in accordance with advance notice provisions) did not preclude a dissident who failed to give advance notice from nominating directors at ...

... and sales revenue grew 511%. Hanaka is a former COO and President of Staples, Inc. Woodbridge sought to elect Begelman and Hanaka in response to Office Depot's steadily declining share price, and its underperformance over ... from voting as a sign of dissatisfaction with the current board. Ultimately, shareholders reelected the incumbent directors and Office Depot published a statement reasserting its confidence in the board. Shareholders, therefore, have to incur significant expenses, often with ...

... Wisconsin man is suing the manufacturer of a lawnmower, MTD Products, Inc., and Home Depot, Inc., the distributor of the riding lawnmower after it flipped and he sustained serious ... slopes and was prone to overturn when accelerating. His suit also claims that Home Depot sold a tractor that was defective and unsafe. Cauble is asking for a judgment of more than ... cases. Contact The Farber Law Group at 1-800-244-9087 or e-mail attorney@hgfarber.com. We have offices in Seattle and Bellevue to assist you ...

... No. 2005 CA 004396 XXXX MB. A copy of the Order can be found here. The insured plaintiff, Office Depot, Inc., generally alleges in its Complaint that broker defendant Marsh acted in concert with the insurer defendants to manipulate the "market for insurance by creating and executing an elaborate bid rigging scheme." Office Depot alleges that "Defendants created the illusion of a competitive market for insurance when, in fact, the insurance products were selected, priced ...

Levitt Corp. v. Office Depot, Inc., 2008 WL 1724244 ( Del. Ch., April 14, 2008), read opinion here. The Delaware Chancery Court was presented in this case with ... was addressed in a recent Chancery Court opinion in JANA Master Fund Ltd. v. CNET Networks, Inc., 2008 WL 660556 (Del. Ch. Mar. 13, 2008), expedited appeal granted, No. 141, ... the shareholder franchise, see, e.g., Openwave Sys., 924 A.2d at 239, [ Openwave Sys., Inc. v. Harbinger Capital P'ners Master Fund I, Ltd., 924 A.2d 228, 239 (Del. ...

... been one of Chairman Cox's top priorities since he took office - and the Chairman and SEC Staff have not been shy about their ... bylaws, the attached opinion should do the trick. In Levitt Corp. v. Office Depot, Inc.,, Vice Chancellor Noble holds that (i) a bylaw requiring advanced notice of "business" ... Levitt, Vice Chancellor Noble first held that the scope of "business" under the Office Depot advanced notice bylaw extended to director nominations by stockholders. The Court construed the plain ...

... uncomplicated provisions, generally easily complied with and largely uncontroversial. In two recent cases, Jana Master Fund, Ltd. v. CNet Networks, Inc. and Levitt Corp. v. Office Depot, Inc., the Delaware courts allowed activist stockholders to exploit potential drafting ... purpose, operation and functions of an advance notice bylaw and considers the CNet and Office Depot decisions. Against the backdrop of these cases and in light of the increasingly complicated mechanisms through ...

This guest post was written by Sean Costello. Mr. Costello is an associate resident in the Atlanta office of Jones Day. This post is entirely his work. It, of course, represents only his views, ... Corp., 450 F.3d 1322 (11th Cir. 2006); Pritchett v. Office Depot, Inc., 420 F.3d 1090 (10th Cir. 2005). Essentially, these courts ... for review comes courtesy of is 30 days (with some exceptions for federal agencies and officers), courtesy of Federal Rules of Appellate Procedure 4(a) and 5(a)(2), which yield ...

... 2008, JANA Master Fund, Ltd. v. CNET Networks, Inc. and Levitt Corporation v. Office Depot, Inc., focused on the legal interpretation of advance notice bylaw provisions ... the SEC, also weighed in on the legality of proxy expense reimbursement bylaw provisions in CA, Inc. v. AFSCME Employees Pension Plan, and the Delaware legislature thereafter approved ... . v. Black), "agent" (Jackson Walker LLP v. Spira Footwear, Inc. and Zaman), "proceeding" (Donohue v. Corning) and "final disposition" (Sun-Times), ...

... to federal court. A few district courts had rejected the argument, see Hankins v. Pfizer, Inc., No. CV-1797-ABC-RZ, 2005 U.S. Dist. LEXIS 17191, *3 (C.D.Cal. Mar. 25, 2005); Smith v. Pfizer, Inc., No. 05-CV-0112, 2005 WL 3618319, *5 (S.D.Ill. Mar. 24, 2005); Pritchett v. Office Depot, Inc., 360 F.Supp.2d 1176, 1180 (D.Colo.2005), but a number of ... 90-00041 ACK, 1990 WL 192483, *5 (D.Haw. July 30, 1990); Lorraine Motors, Inc. v. Aetna Cas. & Sur. Co., 166 F.Supp. 319, 323 (E.D. ...