Grunstein v. Silva, 2009 WL 4698541 (Dec. 8, 2009, Del. Ch.).
Maura Burke, an associate in our Wilmington office, prepared this synopsis.
The conflict in this Court of Chancery matter arose from the alleged breach of an oral partnership agreement which was formed to carry out the acquisition of a company. See id. at *1. [...]
Zurich American Insurance Company v. St. Paul Surplus Lines, Inc., No. 4095-VCP (Dec. 10, 2009, Del Ch.), read opinion here. This opinion addresses the limited scope of review that the Court of Chancery is restricted to when asked to alter a decision of an arbitrator made in a binding arbitration. The [...]
Dirienzo v. Steel Partners Holdings, L.P., No. 4507-CC ( Del. Ch., Dec. 8, 2009), read opinion here. This Court of Chancery decision addressed the requirement that a party seeking an appraisal pursuant to Section 262 of Title 8 of the Delaware Code be a "record holder". In this litigation, the Court determined that [...]
In Cephalon, Inc. v. Johns Hopkins University, et al., C.A. No. 3505-VCP (Del Ch., Dec. 4, 2009), read letter decision here, Cephalon asked the Delaware Court of Chancery to review in camera certain documents identified in the privilege log of defendant Johns Hopkins University (“JHU”) to determine whether these [...]
In Cephalon, Inc. v. Johns Hopkins University, et al., C.A. No. 3505-VCP (Del Ch., Dec. 4, 2009), read letter decision here, Cephalon asked the Delaware Court of Chancery to review in camera certain documents identified in the privilege log of defendant Johns Hopkins University (“JHU”) to determine whether these [...]
Prof. J.W. Verret, a former law clerk for the Delaware Court of Chancery, explores here on the Truth on the Market blog, the potential issues related to a majority shareholder's duties under Delaware corporate law, when that majority shareholder is the United States government--which generally enjoys sovereign immunity, unlike the conventional majority [...]
The Delaware Court of Chancery is considering a new procedure for new cases to be filed with the Court for the purpose of being arbitrated by a member of the Court. The draft rules are only preliminary proposals subject to change. Chancellor William Chandler, III discussed the draft rules in a presentation to members [...]
Kurtz v. Holbrook, No. 5019-VCL (Del. Ch. Dec. 1, 2009), read letter decision here.
This relatively short letter decision from the Delaware Court of Chancery addresses two motions to compel and explains why both were denied.
This is an expedited case that was filed on October 26, 2009 and seeks a preliminary [...]
Mangano v. Pericor Therapeutics, Inc., No. 3777-VCN (Del. Ch. December 1, 2009), read opinion here.
This 23-page opinion of the Delaware Court of Chancery explains in great detail the factual basis of the legal issues in this case in the context of dueling motions for partial summary judgment and for [...]
eBay v. Craigslist (eBay Domestic Holdings v. Newmark), is a case scheduled to be tried in the Delaware Court of Chancery starting on Monday. The case involves important issues of corporate law and corporate litigation arising, among other things, from board membership on, and investments by, one competitor in another competitor, and the [...]
Vichi v. Koninklijke Philips Electronics, No. 2578-VCP (Del. Ch. Dec. 1, 2009), read opinion here. This Chancery Court opinion of 55-pages in its original format, involves multiple non-U.S. residents and foreign companies engaged in international business transactions. A central fact on which the legal issues were based, was a loan of [...]
State Line Ventures, LLC v. RBS Citizens, No. 4705-VCL (Dec. 2, 2009), read letter decision here.
This letter decision of the Delaware Court of Chancery must be read by any Delaware lawyer serving as "local counsel", and more importantly, should be required reading for any non-Delaware lawyer (or any out of state [...]
State Line Ventures, LLC v. RBS Citizens, No. 4705-VCL (Dec. 2, 2009), read letter decision here.
This letter decision of the Delaware Court of Chancery must be read by any Delaware lawyer serving as "local counsel", and more importantly, should be required reading for any non-Delaware lawyer (or any out of state [...]
In Levinhar v. MDG Medical, Inc., No. 4301-VCS (Del. Ch., Nov. 24, 2009), read opinion here, the Delaware Court of Chancery explains the expansive scope of claims allowable in a summary proceeding pursuant to Section 225 of the Delaware General Corporation Law (DGCL). Section 225 proceedings are summary in nature and are designed [...]
