Search for: "In re Oracle Corporation Derivative Litigation" Results 1 - 20 of 49
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29 Dec 2019, 7:46 am
On December 4, 2019, Vice Chancellor Sam Glassock III issued a memorandum opinion in In re Oracle Corporation Derivative Litigation finding that the Lead Plaintiff in a shareholder derivative suit against Oracle’s board of directors had the right to subpoena documents relied upon by the corporation’s Special Litigation Committee (SLC) in making its determination as to whether litigation against… [read post]
24 Mar 2018, 3:00 am by Ann Lipton
I am intrigued by VC Glasscock’s recent decision in In re Oracle Corporation Derivative Litigation, where he found that demand was excused with respect to a claim that Larry Ellison breached his fiduciary duties by functionally directing that the company... [read post]
25 Jun 2023, 6:31 am
The mere potential for a prominent, highly respected officer, director and minority holder to influence a board’s decision to approve a deal where the minority holder sits on both sides is insufficient to confer controller status and invoke entire fairness review, the Delaware Court of Chancery held post-trial in In re Oracle Corporation Derivative Litigation. [1] The May 2023 ruling by Vice Chancellor Glasscock also commends the… [read post]
25 Jun 2023, 6:31 am
The mere potential for a prominent, highly respected officer, director and minority holder to influence a board’s decision to approve a deal where the minority holder sits on both sides is insufficient to confer controller status and invoke entire fairness review, the Delaware Court of Chancery held post-trial in In re Oracle Corporation Derivative Litigation. [1] The May 2023 ruling by Vice Chancellor Glasscock also commends the… [read post]
‘Zapata’ Procedure In shareholder derivative litigation, the shareholder plaintiff makes the threshold directional decision whether to (i) make a demand on the board of directors asking it to pursue the alleged claim, or (ii) purport to initiate litigation on behalf of the corporation and allege that pre-suit demand is excused as futile. [read post]
7 Jul 2012, 1:41 am by tekEditor
Kalpakian 446 F.2d 738 (9th Cir. 1971) 14 In re Katz Interactive Call Processing Patent Litig. 712 F. [read post]
21 Aug 2018, 2:36 pm by Kevin LaCroix
In our view, this hesitation stems from then-Vice Chancellor Leo Strine’s notorious 2003 decision in In Re Oracle Corp. [read post]
6 Jul 2020, 3:18 pm by Kevin LaCroix
However, regardless of what one may think of the use of this type of litigation to try to advance board diversity goals, it should be recognized there could be more lawsuits of this type and that lawsuits like to one just filed against the Oracle board may represent a new potential area of D&O litigation. [read post]
3 Jul 2023, 6:30 am
The Delaware Court of Chancery issued its Post-Trial Memorandum Opinion in In Re Oracle Corporation Derivative Litigation on May 12, 2023. [1]  Despite having earlier held that Plaintiffs pled sufficient facts to allege that Larry Ellison was a conflicted controller of Oracle in its acquisition of NetSuite, the Court determined that the evidence at trial fell well short of proving control. [read post]