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4 Jan 2024, 6:30 am
MacAndrews and Forbes, 506 A.2d 173 (Del. 1986), the Delaware Supreme Court required the directors of the target company in change-of-control mergers and acquisitions (M&A) to maximize short-term value – that is, to expose the company to a market canvass and refrain from favoring one bidder over another for reasons unrelated to immediate value maximization. [read post]
4 Jan 2024, 3:15 am
Here’s an excerpt: Ultimately, a lot of the companies that we’re talking about here are Delaware corporations and they have a duty to their shareholders to increase value and everything else. [read post]
3 Jan 2024, 9:27 am
District Court for the District of Delaware. [read post]
3 Jan 2024, 3:15 am
The blog summarizes a scenario that the Delaware Supreme Court recently addressed. [read post]
2 Jan 2024, 4:57 pm
Calculating Damages Where the Breach of Fiduciary Duty Involves a Flawed Process: What Happens if There is Unfair Dealing but the Price is Fair Tweeting with Ann Lipton re What Happens if there is Unfair Dealing but a Fair Price It now has an answer from the Delaware Chancery Court (HT: Andrew Czerkawski on Francis Pileggi's blog): Minority shareholders of a former publicly traded telecommunications company brought suit in the Delaware Court of Chancery, alleging the… [read post]
2 Jan 2024, 4:40 pm
@AnnMLipton observes: "it would be kind of odd if a Delaware court held that a board violated its fiduciary duties by causing the company to break the law, if the company’s primary regulator determined that the company had not broken the law. [read post]
2 Jan 2024, 1:33 pm
The case is registered as JER Investors Trust Inc., 23-12109, in the US Bankruptcy Court, District of Delaware (Wilmington). [read post]
2 Jan 2024, 12:56 pm
The directors’ and officers’ liability environment is always changing, but 2023 was a particularly eventful year, with important consequences for the D&O insurance marketplace. [read post]
2 Jan 2024, 10:00 am
"Bender said she hopes the workshop will get more women interested in economics at the University of Delaware. [read post]
1 Jan 2024, 3:50 pm
“Oversight duties under Delaware law are not" ... [read post]
1 Jan 2024, 11:52 am
An ethics rule change was recently adopted by the Delaware Supreme Court The Delaware Supreme Court today adopted a change to Rule 1.8 of the Delaware Lawyers’ Rules of Professional Conduct that will allow attorneys to provide modest gifts to... [read post]
29 Dec 2023, 1:05 pm
The Delaware Court of Chancery has selected lead counsel in derivative suits against Fox arising out of defamation claims arising from 2020 election coverage In the wake of the 2020 presidential election, the Fox News network broadcast statements accusing two... [read post]
29 Dec 2023, 11:42 am
In 2023, eight states—Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee and Texas— passed their own versions of broad consumer privacy bills. [read post]
29 Dec 2023, 6:30 am
Barnett, McDermott Will & Emery, on Thursday, December 28, 2023 Tags: charter, Colon v Bumble, delaware, Delaware cases, stockholders, voting power [read post]
29 Dec 2023, 6:30 am
Barnett, McDermott Will & Emery, on Thursday, December 28, 2023 Tags: charter, Colon v Bumble, delaware, Delaware cases, stockholders, voting power [read post]
29 Dec 2023, 5:00 am
So here is the list to see if you are residing in an anti-free speech state: Arizona Colorado Connecticut Delaware Hawaii Illinois Maine Maryland Massachusetts Michigan Minnesota Nevada New Jersey New Mexico, New York Oregon Pennsylvania Rhode Island Vermont Washington Wisconsin District of Columbia Here is the brief: Missouri v. [read post]
28 Dec 2023, 6:30 am
This post is based on their McDermott memorandum and is part of the Delaware law series; links to other posts in the series are available here. [read post]
28 Dec 2023, 6:30 am
This post is based on their McDermott memorandum and is part of the Delaware law series; links to other posts in the series are available here. [read post]
27 Dec 2023, 2:09 pm
However, the Delaware Court of Chancery’s recent decision in In re McDonald’s Corp. [read post]
27 Dec 2023, 12:35 pm
Decades later, Delaware passed a more limited law allowing cyclists to yield at stop signs. [read post]
