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Publication Date: 2021-10-06
Practice Area: Contractual Disputes
Industry: Health Care | Investments and Investment Advisory | Real Estate
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Daniel E. Ross, Bradley R. Aronstam, Ross Aronstam & Moritz, Wilmington, DE; Joshua S. Amsel, Matthew R. Friedenberg, Weil, Gotshal & Manges LLP, New York, NY for plaintiffs.
for defendant: Joseph H. Huston, Jr., Stevens & Lee P.C., Wilmington, DE; Robert K. Keach, Bernstein, Shur, Sawyer & Nelson, Portland, ME for receiver. Ryan P. Newell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for nominal defendants.
Case Number: D69561
Claimant was entitled to indemnification of his litigation expenses, and the court granted his motion to intervene because he had a valid property interest which was not adequately protected by existing parties.
September 30, 2021 | Daily Business Review
The company touted itself on mainstream media outlets, such as Facebook and Google, with advertisements, including promoting "Warren Buffet's interest in investing in ROFX."
3 minute read
Publication Date: 2021-09-08
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Norman L. Pernick, G. David Dean, Patrick J. Reilley, Cole Schotz, PC, Wilmington, DE; Monica K. Loseman, Gibson, Dunn & Crutcher LLP, Denver, CO; Randy M. Mastro, Akiva Shapiro, Michael L. Nadler, Gibson, Dunn & Crutcher LLP, New York, NY; Michael G. Farag, Gibson, Dunn & Crutcher LLP, Los Angeles, CA for appellant.
for defendant: James L. Patton, Jr., Robert S. Brady, Michael R. Nestor, Joseph M. Barry, Ryan M. Bartley, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for debtors.
Case Number: D69533
Bankruptcy court properly interpreted a disputed term based on the plain language of the contract itself, so extrinsic evidence was not necessary.
Publication Date: 2021-08-31
Practice Area: Employment Litigation
Industry: Education | Investments and Investment Advisory
Court: U.S. District Court for the Southern District of New York
Judge: District Judge John Cronan
Attorneys: For plaintiff:
for defendant:
Case Number: 19 Civ. 10670
Plaintiff Fails to Show Breach of Fiduciary Duty in ERISA Claim Against Investment Advisor
August 30, 2021 | Daily Business Review
"Both the judge and the prosecution in this case were wise," defense counsel David Markus said.
4 minute read
Publication Date: 2021-08-25
Practice Area: Mergers and Acquisitions
Industry: Advertising | E-Commerce | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Larry R. Wood, Jr., Brandon W. McCune, Blank Rome LLP, Wilmington, DE for plaintiff.
for defendant: Rudolf Koch, Travis S. Hunter, Nicole K. Pedi, Valerie A. Caras, Richards, Layton & Finger, P.A., Wilmington, DE for defendant.
Case Number: D69510
Court declined to dismiss unjust enrichment/tortious interference claims where plaintiff alleged that defendant acted in bad faith to siphon plaintiff's customers and business development efforts, and where the parties' binding letter of intent only governed the parties' duties to create a final acquisition agreement.
Publication Date: 2021-08-18
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory | Mining and Resources
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys: For plaintiff: Rudolph Koch, Kevin M. Gallagher, Daniel Kaprow, Richards, Layton & Finger, P.A., Wilmington, DE; Jason Cyrulnik, Edward Normand, Paul Fattaruso, Cyrulnik Fattaruso LLP, New York, NY for plaintiffs.
for defendant: Thomas W. Briggs, Jr., Miranda N. Gilbert, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Pedro A. Jimenez, Kevin C. Logue, Kevin P. Broughel, Nicholas Bassett, Katherine K. Solomon, Katherine Rookard, Paul Hastings LLP, New York, NY for defendants.
Case Number: D69508
The court dismissed some counterclaims as untimely, but the breach of fiduciary duty, aiding and abetting, conspiracy and tortious interference counterclaims survived.
Publication Date: 2021-08-04
Practice Area: Mergers and Acquisitions
Industry: Investments and Investment Advisory | Software
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Eric M. Andersen, Andersen Sleater Sianni LLC, Wilmington, DE for plaintiffs.
for defendant: Stephen L. Caponi, Matthew B. Goeller, K&L Gates LLP, Wilmington, DE for defendant.
Case Number: D69488
Standard of review of a shareholders' representative's actions was subjective good faith where the representative was not a corporate fiduciary but instead was contractually limited to only take those actions the representative considered necessary to carry out the company's contractual obligations.
Publication Date: 2021-07-28
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory | Mining and Resources
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys: For plaintiff: Rudolf Koch, Kevin M. Gallagher, Daniel Kaprow of Richards, Layton & Finger, P.A., Wilmington, DE; Jason Cyrulnik, Edward Normand, Paul Fattaruso, Cyrulnik Fattaruso LLP, New York, NY for plaintiffs.
for defendant: Thomas W. Briggs, Jr., Miranda N. Gilbert, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Pedro A. Jimenez; Kevin C. Logue, Kevin P. Broughel, Nicholas Bassett, Katherine K. Solomon, Katherine Rookard, Paul Hastings LLP, New York, NY for defendants.
Case Number: D69484
Service upon defendants in a foreign country by mailing and posting was reasonably calculated to provide them with actual notice of the pending litigation, so the court denied defendants' motion to dismiss.
July 21, 2021 | New York Law Journal
The ruling capped nearly six years of litigation in the case, which was complicated by new pleading standards and the death of a Manhattan federal judge.
3 minute read
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