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Publication Date: 2018-10-24
Practice Area: Corporate Governance | Mergers and Acquisitions | Securities Litigation
Industry: Food and Beverage
Court: Delaware Supreme Court
Judge: Justice Strine
Attorneys: For plaintiff: Ryan M. Ernst, Daniel P. Murray,O'Kelly Ernst & Joyce, LLC, Wilmington, DE; Donald J. Enright, Eliza-beth K. Tripodi, Levi & Korsinsky, LLP, Washington, D.C., attorneys for plaintiff
for defendant: Matthew E. Fischer, Matthew R. Dreyfuss, Potter Anderson & Corroon LLP, Wilmington, DE; Roger A. Cooper, Rishi N. Zutshi, Vanessa C. Richardson, Hana Choi, Cleary Gottlieb Steen & Hamilton LLP, New York, NY, attorneys for defendants Synutra, Jinrong Chen, Lei Lin and Yalin Wu; William M. Laf-ferty, John P. DiTomo, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Lawrence Portnoy, Re-becca L. Martin, Davis Polk & Wardwell LLP, New York, NY, for defendants Liang Zhang, Xiuqing Meng and Beams Power Investment Ltd.
Case Number: D68329
The business judgment rule applied, even though a controller's initial offer did not contain the required condi-tions, because he provided a second letter containing those conditions prior to any action by the special com-mittee.
Publication Date: 2018-10-24
Practice Area: Constitutional Law
Industry:
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Francis G. X. Pileggi, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE; Jamie L. Inferrera, Eckert Seamans Cherin & Mellott, LLC, Pittsburgh, PA, attorneys for plaintiffs
for defendant: Ralph K. Durstein, III and Devera B. Scott, Deputy Attorneys General, Delaware Department of Justice, Dover, DE, attorneys for defendants.
Case Number: D68328
Regulations on firearm possession in state parks were partially unconstitutional where they infringed upon right to open carry for self-defense and gave law enforcement unfettered discretion to require identification and permits without reasonable suspicion of criminal activity.
Publication Date: 2018-10-17
Practice Area: Administrative Law | Health Care Law | Regulation
Industry: Health Care
Court: Delaware Supreme Court
Judge: Justice Traynor
Attorneys: For plaintiff: Carla A.K. Jarosz, attorney for appellant
for defendant: Daniel A. Griffith, attorney for appellees.
Case Number: D68318
State not obligated to prove that nurse's breach of professional standards also caused harm to a patient or the public to impose discipline for violations.
October 10, 2018 | New York Law Journal
Corporate Litigation columnists Joseph M. McLaughlin and Shannon K. McGovern discuss 'Akorn v. Fresenius Kabi AG', which has drawn considerable interest as the first decision applying Delaware law that found an MAE warranting a buyer's exercise of merger termination rights. While 'Akorn' may embolden future parties to test the breadth of their own MAE provisions, the decision appears driven by extraordinary facts and now awaits review in the Delaware Supreme Court.
1 minute read
October 9, 2018 | Delaware Business Court Insider
The Delaware Supreme Court on Tuesday ruled that mergers involving a controlling shareholder qualify for review under the business judgment rule if two key procedural protections are adopted prior to economic negotiations, rejecting a proposed bright-line rule that would have made it easier for plaintiffs to challenge conflicted transactions.
1 minute read
September 19, 2018 | Delaware Business Court Insider
Both the Delaware Court of Chancery and the Delaware Superior Court emphasize that discovery must proceed in a timely manner in accordance with the scheduling order entered by the court. Litigants who delay in bringing their discovery disputes before the court may find themselves without a remedy.
1 minute read
August 22, 2018 | Delaware Business Court Insider
When an important M&A contracting strategy goes by the moniker “sandbagging,” it is safe to assume the strategy is controversial.
1 minute read
Publication Date: 2018-08-08
Practice Area: Criminal Law
Industry:
Court: Delaware Supreme Court
Judge: Justice Vaughn
Attorneys: For plaintiff: Abby Adams for the state
for defendant: Tasha M. Stevens for defendant.
Case Number: D68244
No violations of a criminal defendant's constitutional rights occurred in connection with his probation viola-tion hearing.
Publication Date: 2018-08-08
Practice Area: Mergers and Acquisitions
Industry: Investments and Investment Advisory | Manufacturing
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys: For plaintiff: David A. Jenkins and Robert K. Beste, Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Michael E. Davidian, Blueblade Capital Opportunities LLC and Blueblade Capital Opportunities CI LLC, New York, NY, attorneys for petitioners
for defendant: Raymond J. DiCamillo and Kevin M. Gallagher, Richards Layton & Finger, P.A., Wilmington, DE, attorneys for respondent.
Case Number: D68238
Delta between merger price and fair value on merger date, calculated according to discounted cash flow analysis, was caused by flaws in merger process and warranted adoption of DCF valuation over merger price as fair value for appraisal action purposes.
August 2, 2018 | The Legal Intelligencer
Curtin & Heefner's Michael Maguire will be joining Bonnie Stein as co-chair of the firm's property damage insurance litigation section.
1 minute read
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