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27 Mar 2023, 9:01 pm by renholding
Note, however, that this figure does not include class action suits filed in state court or state court derivative suits, including those in the Delaware Court of Chancery. [read post]
23 Mar 2023, 12:55 pm by Kevin LaCroix
” However, in series of cases following the Delaware Supreme Court’s 2019 decision in Marchand v. [read post]
20 Mar 2023, 12:15 am
Transcript, Strategic Funding Source Holdings LLC v. [read post]
13 Mar 2023, 4:33 am by Peter J. Sluka
 Those changes met Court approval in Boilermakers Local 154 Retirement Fund v Chevron Corp., 73 A3d 934 [Del Ch 2013], and ATP Tour, Inc. v Deutscher Tennis Bund, 91 A3d 554 [Del 2014]. [read post]
7 Mar 2023, 2:01 pm by Kevin LaCroix
What the complaint does not do, Laster said, is to plead sufficient facts to support an inference that the director defendants failed to respond. [read post]
6 Mar 2023, 4:07 am by Peter Mahler
” When New York precedent is sparse I usually default to Delaware, but not this time since (a) Delaware does not have a minority shareholder oppression statute and (b) as Chancery Court noted some years ago in Quadrant Structured Products Co. v Vertin, “Delaware law does not recognize a claim for constructive dividends. [read post]
1 Mar 2023, 12:04 pm by Steve Bainbridge
In January, I noted considerable concern over a decision by Delaware Vice Chancellor Travis Laster involving potential Caremark liability for McDonalds due to allegations of a pervasive atmosphere of sexual harassment. [read post]
27 Feb 2023, 4:34 am by Peter J. Sluka
  What’s more, Section 608 is identical to Section 18-705 of the Delaware LLC Act, and Courts interpreting that provision have also held that upon the death of a member, the member’s estate becomes an “economic interest holder,” who lacks standing to prosecute derivative claims or to seek dissolution (see Estate of Calderwood v ACE Group Intl. [read post]