• Fisher v. Sanborn

    Publication Date: 2021-04-14
    Practice Area: Corporate Governance
    Industry: Financial Services and Banking | E-Commerce | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Blake A. Bennett, Cooch and Taylor, P.A., Wilmington, DE; Brian J. Robbins, Stephen J. Oddo, Emily R. Bishop, Robbins LLP, San Diego, CA for plaintiff.
    for defendant: A. Thompson Bayliss, Joseph A. Sparco, Abrams & Bayliss LLP, Wilmington, DE; James N. Kramer, Alexander K. Talarides, Orrick Herrington & Sutcliffe LLP, San Francisco, CA for defendants.

    Case Number: D69359

    Derivative complaint dismissed for failure to make pre-suit demand where lack of evidence that a majority of directors acted knowingly and deliberately in permitting the company to violate consumer protection laws or providing false and misleading information to the public meant that directors were exculpated from bad faith claims and therefore faced no substantial likelihood of personal liability and could independently evaluate a litigation demand.

  • March 24, 2021 | Law.com

    What's Next: NFTs Pose a Billion-Dollar Legal Question + The Fate of Diversity Shareholder Suits Against Big Tech + Facebook's Leaked Documents Resurface in Cambridge Analytica Litigation

    Non-fungible tokens might change the art world as we know it, but are NFT platforms ready to take on the legal risks?

    1 minute read

  • 250ok, Inc. v. Message Sys., Inc.

    Publication Date: 2021-02-10
    Practice Area: Intellectual Property
    Industry: E-Commerce
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: James P. Hughes, Jr., Lauren Dunkle Fortunato, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Matthew T. McLaughlin, Kacey Houston Walker, Nixon Peabody LLP, Boston, MA for plaintiff.
    for defendant: Ryan D. Stottmann, Sarah P. Kaboly, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Clement S. Roberts, Nathan Shaffer, Orrick, Herrington & Sutcliffe LLP, San Francisco, CA for defendant.

    Case Number: D69286

    Claim of unjust enrichment arising from facts alleging misappropriation of trade secrets was preempted by the Delaware Uniform Trade Secret Act, which displaced all claims providing a remedy of restitution.

  • December 23, 2020 | Litigation Daily

    Encore! Encore! Here are the 2020 Litigators of the Week

    Let's hear it one last time for this year's winners

    1 minute read

  • February 28, 2020 | Corporate Counsel

    New Year Hiring Spike Remains High: February 2020 In-House Moves

    Major general counsel moves this month include Centene Corp., Pier 1 Imports Inc., Six Flags Entertainment Corp. and United Talent Agency.

    1 minute read

  • August 7, 2019 | Law.com

    What's Next: Behind A Redditor's Fair Use Fight With Jehovah's Witnesses + Facebook Digs In After the Great Hack + A Federal Judge Wants to Talk About Attorneys Fees

    Jehovah's Witnesses want to unmask a Reddit user, and contracted attorneys fees come under scrutiny in a California settlement.

    1 minute read

  • Tilden v. Cunningham

    Publication Date: 2018-11-07
    Practice Area: Corporate Governance
    Industry: E-Commerce | Technology Media and Telecom
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Chad J. Toms, Kaan Ekiner, Whiteford, Taylor & Preston LLC, Wilmington, DE; Ian S. Birk, Keller Rodr-back, L.L.P. Seattle, WA; Chelsea L. Mam, David M. Simmonds of Gordon Tilden Thomas & Cordell, Se-attle, WA, attorneys for plaintiff.
    for defendant: A. Thompson Bayliss, Michael A. Barlow, Daniel J. McBride, Abrams & Bayliss LLP, Wilmington, DE; Daniel J. Dunne, Orrick, Herrington & Sutcliffe LLP, Seattle, WA, attorneys for defendants Cunningham, Chung, Dunn, Hooper, Huebner, Waters and Zappone. D. McKinley Measley, Lauren Neal Bennett, Mor-ris Nichols, Arsht & Tunnell LLP, Wilmington, DE; Cristopher B. Durbin, Jeff Lombard, Cooley LLP, Se-attle, WA, attorneys for defendant Ruckelshaus. Rudolf Koch, Diana M. Joskowicz of Richards, Layton & Finger, P.A., Wilmington, DE; Paul H. Beattie, Rimon P.C., Seattle, WA, attorneys for defendant GCA Advisors, LLC. Garrett B. Moritz, R. Garrett Rice, Ross Aronstam & Moritz LLP, Wilmington, DE; Peter L. Simmons, Michael P. Sternheim, Fried, Frank, Harris Shriver & Jacobson LLP, New York, NY, attorneys for defendants Cambridge Information Group, Snyder and Allen. Bradley D. Sorrels, Lori W. Will, An-drew D. Berni, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE; Barry M. Kaplan, Gregory L. Watts of Wilson Sonsini Goodrich & Rosati, P.C., Seattle, WA, attorneys for nominal defendant Blu-cora, Inc.

    Case Number: D68350

    Plaintiff in this derivative action failed to demonstrate demand futility, and even if he had, the court concluded he did not state a claim on which relief could be granted.

  • May 21, 2018 | New York Law Journal

    Court OKs Dismissal of Suit Over Viacom Payments to Sumner Redstone

    The Delaware Supreme Court has upheld the dismissal of a derivative suit challenging more than $13 million in payments the Viacom Inc. board made to founder and former chairman Sumner Redstone, even as the billionaire media mogul's declining health prevented him from providing any services of value to the company.

    1 minute read

  • May 21, 2018 | Delaware Business Court Insider

    Del. Justices OK Dismissal of Suit Over Viacom Payments to Sumner Redstone

    The Delaware Supreme Court has upheld the dismissal of a derivative suit challenging more than $13 million in payments the Viacom Inc. board made to founder and former chairman Sumner Redstone, even as the billionaire media mogul's declining health prevented him from providing any services of value to the company.

    1 minute read

  • October 25, 2017 | Delaware Business Court Insider

    Bouchard Tosses Derivative Suit Over $13M in Viacom Payments to Ailing Redstone

    The Delaware Court of Chancery on Wednesday dismissed a derivative suit accusing the Viacom Inc. board of waste and breach of fiduciary duty for paying Sumner Redstone $13 million over the course of three years, even as the former chairman's declining health prevented him from providing valuable services to the company.

    1 minute read