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8 Jan 2010, 8:00 am by Edward M. McNally
Heckmann Corporation, C.A. 4802-CC ( January 8, 2010) There is a dilemma over the broad rights to advancement of legal fees given the sometimes very large amounts demanded. [read post]
8 Dec 2009, 11:56 am by Edward M. McNally
., C.A. 4462-VCL (December 8, 2009) In this decision the Court examines when a corporate officer is entitled to have his fees advanced in defending a counterclaim against him. [read post]
22 May 2012, 10:29 am by Edward M. McNally
Crombie,  C.A. 6380-VCP (May 22, 2012) Recovering attorney fees is rare in Delaware litigation. [read post]
28 Oct 2011, 2:35 pm by Edward M. McNally
Pinkas, C.A. 5724-VCN (October 28, 2011) It is sometime claimed that the act of incorporating a Delaware corporation is enough to subject the incorporator to jurisdiction in Delaware. [read post]
25 Feb 2010, 10:26 am by Edward M. McNally
Thomas Weisel Partners LLC, C.A. 4709-VCN (February 25, 2010) Many decisions discuss when arbitration is required by an agreement. [read post]
30 Aug 2011, 1:34 pm by Edward M. McNally
Shareholder Litigation, C.A. 6032-VCN (August 30, 2011) Once again, the Court of Chancery has denied an application for interim fees in a shareholder litigation. [read post]
16 Jun 2009, 2:54 pm
., C.A. 2471-VCS (June 16, 2009) In this rare case for the Court of Chancery, the Court determines the scope of noncompetition employment agreements. [read post]
9 Oct 2012, 1:45 pm by Edward M. McNally
El Paso Corporation, C.A. 7117-VCG (October 9, 2012) This simple decision is still important because it contains the contract language that effectively waives any fiduciary duty to the limited partners in a Delaware LLP. [read post]
19 Jan 2010, 8:38 am by Edward M. McNally
Board of Trade of the City of New York, C.A. 2822-CC ( January 19, 2010) A recent trend is to offer 2 types of consideration in connection with a merger and to permit the stockholders to pick which they prefer, such as stock or cash. [read post]
29 Dec 2010, 1:16 pm by Edward M. McNally
Amer,  C.A. 4903-VCN (December 29, 2010) This decision explains when Section 17-804 of the Delaware Limited Partnership Act comes into play. [read post]
29 Feb 2012, 9:59 am by Edward M. McNally
Shareholder Litigation,  C.A. 6949-CS (February 29, 2012) This is the now-famous decision finding several breaches of fiduciary duties by the negotiators of a merger, but declining to kill the deal that would have given stockholders a large premium. [read post]
5 Oct 2012, 1:38 pm by Edward M. McNally
Swift , C.A. 7789-VCL (October 5, 2012) Delaware does not have a separate corporate statute dealing with non-profit corporations. [read post]
24 Mar 2010, 8:40 am by Edward M. McNally
C.A. 5109-VCP (March 24, 2010) When a provision in a certificate of incorporation is violated, the question that often arises is what is the remedy. [read post]