Statute
Section 220
26 published works
Delaware Corporate & Commercial Litigation Blog
Delaware Supreme Court revives Amazon Sec. 220 suit, clarifies “credible basis” standard
Frank Reynolds, who has been covering Delaware corporate decisions for various national publications for over 40 years, prepared this article. A Delaware Supreme Court panel recently reversed the dismissal of…
Delaware Business Dispute Blog
Fee-Shifting Granted Against Delaware Corporation in Books and Records Action; Receiver Appointed
By Carl D. Neff
In the Section 220 books and records inspection case of PVH Polymath Venture Holdings Ltd. v. TAG Fintech Inc., C.A. No. 2023-0502-BWD (Del. Ch. Jan. 26, 2024), PVH Polymath Venture…
Delaware Corporate & Commercial Litigation Blog
Chancery Reviews Section 220 Basics
Aimee Czachorowski, an attorney in the Delaware office of Lewis Brisbois, prepared this post. Chancellor McCormick’s recent letter decision in Floreani, et al. v. FloSports, Inc., C.A. No. 2023-0684-LM-KSJM (Del.…
Delaware Business Dispute Blog
Section 220 Inspection Demand to Investigate Merger Process Granted
By Carl D. Neff
Books and records inspection demands commonly arise in connection with a major transaction of a Delaware corporation, including a merger. The decision of Kosinski v. GGP, Inc., C.A. No. 2018-0540-KSJM…
Delaware Chancery Law Blog
Chancery Court Holds Plaintiff Responsible For Receiver’s Fees In Section 220 Action.
In Badr Abdelhameed Dhia Jafar v. Vatican Challenge 2017 LLC, 2022 WL 365142 (Del. Ch. Feb. 8, 2022), the Court of Chancery held the petitioning member of the defendant LLC…
Delaware Business Dispute Blog
Corporation May Not Rely Upon Deficient Stock Ledger to Deny Section 220 Demand When it was Aware of Plaintiff’s Status as a Stockholder
By Carl D. Neff
In the recent decision of Knott Partners L.P. v. Telepathy Labs, Inc., C.A. No. 2021-0583-SG (Del. Ch. Nov. 23, 2021), the Delaware Court of Chancery analyzed to what extent a…
Valuation Litigation & Shareholder Rights Blog
Del. Supreme Court Weighs In and Affirms Shareholders’ Rights to Access Books and Records
By Jarett Sena
With litigation over section 220 demands becoming more frequent and contentious, the Supreme of Court Delaware weighed in an en banc ruling and affirmed shareholders’ rights to inspect a company’s books…
Valuation Litigation & Shareholder Rights Blog
Del. Chancery Admonishes Issuer Over Attempts to Block Shareholders’ Access to Books and Records
By Jarett Sena
Pharmaceutical company Gilead’s “overly aggressive defense strategy” received the ire of Vice Chancellor McCormick of the Delaware Court of Chancery, who found in a recent decision [$$] that shareholders easily showed…
Delaware Chancery Law Blog
Chancery Grants Section 220 Books and Records Demand
In the recent decision of In re UnitedHealth Group, Inc. Section 220 Litig., C.A. No. 2017-0681-TMR (Del. Ch. Feb. 28, 2018), the Court of Chancery granted plaintiff's Section 220 demand. …
Delaware Corporate & Commercial Litigation Blog
Another Recent Chancery Opinion Fuels Skepticism About Section 220’s Usefulness
Why this Case is Noteworthy: The Court of Chancery's opinion in Laborers’ District Council Construction Industry Pension Fund v. Bensoussan, C.A. No. 1123-CB (Del. Ch. June 14, 2016), is the second decision…