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Publication Date: 2020-10-14
Practice Area: Corporate Governance
Industry: Automotive | E-Commerce | Investments and Investment Advisory
Court: Court of Chancery
Judge: Chancellor Bouchard
Attorneys: For plaintiff: Thomas A. Uebler, Jeremy J. Riley, McCollom D’emilio Smith Uebler LLC, Wilmington, DE; P. Bradford deLeeuw, Deleeuw Law LLC, Wilmington, DE; Melinda A. Nicholson, Nicolas Kravitz, Eda Ayrim Walker, Kahn Swick & Foti, LLC, New Orleans, LA; Ashley R. Rifkin, Steven R. Wedeking, Robbins LLP, San Diego, CA; Jeffrey S. Abraham, Michael J. Klein, Abraham, Fruchter & Twersky, LLP, New York, NY for plaintiffs.
for defendant: Shannon E. German, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE; Jerome F. Birn, Jr., Catherine Moreno, Wilson Sonsini Goodrich & Rosati, P.C., Palo Alto, CA; Gregory P. Williams, Brock E. Czeschin, Kevin M. Regan, Richards, Layton & Finger, P.A., Wilmington, DE; Albert H. Manwaring, IV, Albert J. Carroll, Morris James LLP, Wilmington, DE; Brian Michael Lutz, Michael J. Kahn, Gibson, Dunn & Crutcher LLP, San Francisco, CA; Jon E. Abramczyk, Ryan D. Stottmann, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Jon E. Abramczyk, Ryan D. Stottmann, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Ralph C. Ferrara, Ann M. Ashton, Proskauer Rose LLP, Washington, DC; Julia D. Alonzo, Proskauer Rose LLP, New York, NY for defendants.
Case Number: D69152
Stockholders' derivative action dismissed for failure to make litigation demand where plaintiffs failed to plead facts showing that directors faced reasonable risk of liability from the derivative action and thus could not impartially consider a litigation demand.
October 13, 2020 | New York Law Journal
This article begins by discussing the relevant factual background of In re Anthem-Cigna and then proceeds to discuss three takeaways that companies should keep in mind for future transactions, write Corporate and Securities Litigation columnists Margaret A. Dale and Mark D. Harris.
1 minute read
April 10, 2020 | Pro Mid Market
Richards Layton is representing Bed Bath & Beyond in a transaction with 1-800-Flowers, Montgomery McCracken represents the owner of a vessel involved in an oil spill, and other work from midsize firms.
1 minute read
October 16, 2019 | New York Law Journal
In their Corporate and Securities Litigation, Margaret A. Dale and Mark D. Harris discuss a recent Delaware Supreme Court decision in 'Tiger v. Boast Apparel', holding that documents produced pursuant to books-and-records inspection requests under §220 of the Delaware General Corporation Law are not subject to a presumption of confidentiality. Rather, while courts can impose confidentiality restrictions in appropriate cases, there must be some justification that the confidentiality is necessary and indefinite periods of confidentiality should be the exception and not the rule.
1 minute read
February 13, 2018 | New York Law Journal
Corporate and Securities Litigation columnists Mark D. Harris and Margaret A. Dale write: The principles set forth in 'Alvarez' create many opportunities for strategic litigation. The decision makes it abundantly clear that both plaintiffs and defendants will need to be extremely diligent at the outset of a lawsuit to utilize the advantage or defeat the threat of collateral estoppel.
1 minute read
December 8, 2017 | Delaware Law Weekly
Young Conaway Stargatt & Taylor corporate attorney Emily Burton is a scheduled panelist at a Friday telephone seminar hosted by the American Law Institute.
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February 15, 2017 | New York Law Journal
In several recent cases, the Delaware Court of Chancery has addressed due process issues arising out of shareholder derivative actions.1 The Delaware Supreme Court has now taken
1 minute read
Publication Date: 2016-02-24
Practice Area:
Industry:
Court: Delaware Court of Chancery
Judge:
Attorneys: For plaintiff:
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Case Number: D67112
December 9, 2015 | New York Law Journal
A recent decision by Vice Chancellor Sam Glasscock III of the Delaware Court of Chancery highlights the uses and perils of the laches doctrine in Delaware equity cases. In Houseman v. Sa
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June 10, 2015 | New York Law Journal
The active participation of men and women as independent directors of public companies is an essential element of corporate governance. Although the common law of Delaware has "rightly
1 minute read
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