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2 Sep 2011, 12:38 pm by Edward M. McNally
Bax,  C.A. 735, 2010 (September 2, 2011, corrected September 6, 2011) This decision upholds the prior decision of the Court of Chancery that creditors of an insolvent LLC may not bring a derivative claim against its managers. [read post]
6 Feb 2012, 7:29 am by Edward M. McNally
C.A. 6772-VCG (February 6, 2012) The interaction between two cases in two jurisdictions is again examined in this decision. [read post]
31 May 2011, 2:38 pm by Edward M. McNally
In re Massey Energy Company Derivative and Class Action Litigation, C.A. 5430-VCS (May 31, 2011) When a company that is subject to derivative litigation is sold in a merger, the value of the derivative claim may be significant. [read post]
21 Aug 2009, 2:00 pm
Alden, C.A. 1184-VCP (August 21, 2009) This decision is of interest because it explains the affect of a common merger agreement provision that is often misunderstood. [read post]
8 Dec 2009, 12:04 pm by Edward M. McNally
C.A. 4506-CC (December 08, 2009) While it is well known that appraisal rights are limited to stockholders of record, sometimes stockholders do not really understand what it means to be "of record. [read post]
21 Jan 2011, 2:04 pm by Edward M. McNally
Hazelett Strip-Casting Corporation, C.A. 3552-VCL (January 21, 2011) When a reverse stock split eliminates minority stockholders, they are entitled to be paid the "fair value" of their stock. [read post]
25 May 2012, 10:52 am by Edward M. McNally
., C.A. 5526-VCN (May 25, 2012) This is an interesting decision because it suggests a remedy other than damages in an unfair price case. [read post]
28 Oct 2010, 11:33 am by Edward M. McNally
Bradbury, C.A. 4446-VCN (October 28, 2010) For all the occasional griping the plaintiffs' bar does over how it is sometimes treated in the Court of Chancery,  this is a good example that a large fee award may be justly  earned. [read post]
29 May 2012, 5:22 am by Edward M. McNally
Sequa Corporation,  C.A. 7055-VCG (May 29, 2012) This decision involved an interesting argument over the scope of a release. [read post]
23 Apr 2010, 12:18 pm by Edward M. McNally
Beard Research Inc. v Kates, C.A. 1316-VCP (April 23, 2010) This is an excellant primer on how to litigate a business tort case arising out of an employee's stealing all your confidential information and using it to lure away your customers to his new firm. [read post]
14 Feb 2011, 1:30 pm by Edward M. McNally
In re Del Monte Foods Company Shareholders Litigation, C.A. 6027-VCL (February 14, 2011) This is an important decision if only for the creative remedy that the Court came up with to deal with the breach of faith by a target's investment bank. [read post]