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20 Sep 2010, 2:11 pm by Edward M. McNally
Bengoa, C.A. 5074-VCL (September 20, 2010) In this continuation of a long saga, the Court held that when a stockholder representative is designated to act for the stockholders in calculating a post merger adjustment, then the stockholders are stuck with what their representative does. [read post]
29 Apr 2010, 4:09 pm by Edward M. McNally
., C.A. 2823-VCN (April 29, 2010) In this unusual case filed by a pro se litigant, the Court extended Revlon duties to when a company issues convertible notes that will change control of the company upon conversion. [read post]
31 Jul 2012, 1:06 pm by Edward M. McNally
Curtis, C.A. 7109-VCN  (July 31, 2012) This decision clarifies that the rule of the Blasius decision is really just an application of the intermediate Unocal standard in reviewing director conduct. [read post]
26 Feb 2018, 6:00 am by Edward M. McNally
Regency GP LP, C.A. 11130-CB (ORDER) (February 20, 2018) This Order is helpful in setting out how to plead that a board decision subject to a “good faith” test in an LP agreement did not meet that standard. [read post]
8 Mar 2018, 6:00 am by Edward M. McNally
Narachi, C.A. 12412-VCMR (February 28, 2018) Demand on directors is not required when it is alleged that they have violated a statute or rule. [read post]
25 Feb 2011, 9:00 am by Edward M. McNally
Fund LP, C.A. 5566-VCN (February 25, 2011) This decision has a good summary of the past decisions holding that it is rare for a receiver to be appointed for an LP. [read post]
12 Jun 2012, 10:09 am by Steve Bainbridge
Pyott, C.A. 5795-VCL (June 11, 2012) This is one of the most important decisions on derivative litigation in many years. [read post]