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13 Jul 2020, 2:55 pm
These lawsuits formerly were filed in Delaware state court alleging violations of Delaware law, but since the 2016 Delaware Chancery Court decision in the Trulia case, in which the court expressed its distaste for this type of litigation, the lawsuits have been filed in federal court based on alleged violations of Section 14 of the Securities Exchange Act of 1934. [read post]
13 Jul 2020, 7:26 am
Law firms, like other privately held businesses, don’t often publicize when their data is breached, and many may not report it to state officials, depending on the law.'” [read post]
13 Jul 2020, 5:01 am
The Clark County d attorney also filed state charges against these defendants on the same day. [read post]
12 Jul 2020, 6:07 pm
Matthew Sciabacucchi, case number 346,2019, in the Supreme Court of the State of Delaware. [read post]
Del. high court says undisclosed post-merger role made Tower CEO self-interested, board ill informed
12 Jul 2020, 5:40 pm
This post was prepared by Frank Reynolds, who has been following Delaware corporate law, and writing about it for various legal publications, for over 30 years. [read post]
12 Jul 2020, 2:28 pm
In most states, including Delaware (the state of incorporation for most companies), settlements of derivative suits are not indemnifiable by the company. [read post]
12 Jul 2020, 8:04 am
While not too long ago cases like this tended to be filed in the Delaware Court of Chancery and other state courts asserting breaches of state-law fiduciary duties, including the duty of disclosure, after Trulia the vast majority of these cases today are filed in federal court under Section 14 of the Securities Exchange Act of 1934. [1] Almost none of these cases, however, are actually litigated. [read post]
30 Jun 2020, 3:58 pm
The state court suits are harder to track, and I do not have access to complete state court securities suit filings information. [read post]
21 Jun 2020, 5:52 pm
This post was prepared by Frank Reynolds, who has been following Delaware corporate law, and writing about it for various legal publications, for over 30 years. [read post]
20 Jun 2020, 9:46 am
The defendants moved to dismiss for failure to state a claim and lack of personal jurisdiction. [read post]
14 Jun 2020, 9:14 am
These observations are based on the Delaware Supreme Court’s 2019 decision in Marchand v. [read post]
11 Jun 2020, 12:57 pm
The securities class action lawsuit complaint alleges that the defendants violated Sections 10(b) and 20(a) of Securities Exchange Act of 1934 and Rule 10b-5 thereunder. [read post]
9 Jun 2020, 12:26 pm
In 2016, the rate of merger litigation plummeted in Delaware state court by almost 50% and continued to decrease in the years thereafter. [read post]
4 Jun 2020, 6:25 pm
This post was prepared by Frank Reynolds, who has been following Delaware corporate law, and writing about it for various legal publications, for over 30 years. [read post]
4 Jun 2020, 9:39 am
" The University of Delaware, Clemson University, Valdosta State University, and Framingham State University have all announced (in some cases multiple) investigations into racially offensive student social media posts. [read post]
3 Jun 2020, 7:42 am
Defenders of Wildlife (1992)).Like members of the public, members of Congress, too, have a “public interest in proper administration of the laws,” Lujan, but that interest isn’t any different from the “generalized interest of all citizens in constitutional governance”--an interest that’s insufficient to support Article III standing when the Executive is alleged to have acted unlawfully, or ultra vires. [read post]
2 Jun 2020, 3:05 pm
As of May 13, at least 58 public companies have returned PPP loans totaling about $488 million—no doubt driven in part by these concerns, along with adverse publicity. [read post]
29 May 2020, 3:00 am
United States v. [read post]
21 May 2020, 1:04 pm
Delaware Municipal Court The Delaware Municipal Court has released an order detailing their timeline for resuming court operations. [read post]
18 May 2020, 5:03 pm
Defendants filed a demurrer (the California-state equivalent of a motion to dismiss) and moved to stay discovery. [read post]
