This blog is not actively maintained, but has been kept available as a resource.
Delaware Docket
Delaware Docket, published by K&L Gates, focuses on legal developments and court decisions in Delaware, particularly those involving corporate governance, fiduciary duties, mergers and acquisitions, and shareholder disputes. The blog covers cases from the Delaware Court of Chancery addressing issues such as breach of fiduciary duty claims, standards of review for stockholder representatives, redemption obligations under corporate charters, and ethical considerations for trial counsel. It provides analysis of litigation involving LLCs, preferred stockholders, and corporate transactions, highlighting Delaware's role as a key jurisdiction for business law and corporate litigation.
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Latest from Delaware Docket
Court of Chancery Allows LLC’s Breach of Fiduciary Duty, Aiding and Abetting, and Breach of Contract Claims to Proceed, But Not Fraud
By Justin H. Roeber and Peter Ayers
In Largo Legacy Group, LLC v. Evens Charles et al., C.A. No. 2020-0105-MTZ (Del. Ch. June 30, 2021), the Delaware Court of Chancery denied a motion to dismiss brought by defendants against Plaintiff…
As the Battle over the Universata Acquisition Rages, the Chancery Court Finds that the Appropriate Standard of Review Regarding Actions of a Stockholders’ Representative is “Subjective Good Faith”
By: Gregory R. Youman and Scott G. Ofrias
As the battle over the acquisition of equity in Universata, Inc. continues, the Court of Chancery, in Houseman v. Sagerman, C.A. No. 8897-VCG (Del. Ch. July 20, 2021), resolved two general…
stockholder bears burden of proving breach of redemption obligation; directors used best judgment to retain sufficient resources of the company
By: Michele Barnes and Jessica Liu
In Continental Investors Fund, LLC v. TradingScreen, Inc., et al, C.A. No. 10164-VCL (Del. Ch. July 23, 2021), the Delaware Court of Chancery (“Court”) denied plaintiff’s claim for breach of contract, holding that Continental…
Lawyer and Witness? Not so fast. Chancery Warns Trial Counsel That His Plan To Testify Flouts Ethical Rules
By: Brian D. Koosed and Adam R.D. Paine
In In re Straight Path Communications Shareholder Litigation, C.A. No. 2017-0486-SG the Delaware Court of Chancery considered plaintiffs’ motion to compel and motion to supplement case schedule to impose an election deadline…
Chancery Court Reaffirms Application of Business Judgment Rule from M & F Worldwide While Dismissing Unsupported Complaint
By Michael Waller and Molly Mugford
In Franchi v. Firestone, et al., C.A. No. 2020-0503-KSMJ (Del. Ch. May 10, 2020), Defendants’ moved to dismiss Plaintiffs’ action challenging a going-private transaction claiming that the Special Committee set up by the Board of…
Don’t Sit on Your Legal Rights, Even with Your Family – Master in Chancery Recommends Dismissal of Former Member’s Claims Against His Family LLC, Based on Laches
By: Brian D. Koosed and Julia Knitter
In Robert Boyd Fitzgerald v. Fitzgerald Home Farm, LLC, Civil Action No. 2019-0410-PWG (Del. Ch. April 16, 2021), Master in Chancery Patricia W. Griffin (“Master Griffin”) recommended the Court of Chancery (the “Court”)…
Chancery Court Dismisses Disclosure and Breach Claims in LLC Financing Litigation
By: Michael J. Ross and Ryan Reilly
In Daniel Feldman et al. v. AS Roma SPV GP, LLC, et al., C.A. No. 2020-0314-PAF (Del. Ch. July 22, 2021), the Delaware Court of Chancery (the “Court”) dismissed a suit brought by…
FACEBOOK ESCAPES SHAREHOLDER DERIVATIVE SUIT AS COURT QUESTIONS VALIDITY OF ARONSON AND FINDS PLAINTIFF FAILED TO SUPPORT CLAIMS OF DEMAND FUTILITY
By: Michael Waller and Caitlin Velasco
In United Food and Commercial Workers Union and Participating Food Industry Employers Tri-State Pension Fund v. Zuckerberg, et al., C.A. No. 2018-0671 (Del. Ch. Oct. 26, 2020), the Delaware Court of Chancery (the “Court”)…
DAMAGES AND TERMINATION FEE CLAIMS REJECTED IN ANTHEM-CIGNA FAILED MERGER SUIT
By: Remsen Kinne and Adam Heyd
In In re Anthem-Cigna Merger Litigation, C.A. No. 2017-0114-JTL (Del. Ch. August 31, 2020), the Delaware Court of Chancery (“Court”) rejected claims for damages by Anthem, Inc. (“Anthem”) and by Cigna Corporation (“Cigna”) for…