• Kingfishers L.P. v. Finesse US, Inc.

    Publication Date: 2024-11-12
    Practice Area: Securities Litigation
    Industry: Consumer Products | E-Commerce | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Benjamin P. Chapple, John T. Miraglia, Reed Smith LLP, Wilmington, DE for plaintiffs.
    for defendant: Sean M. Brennecke, Aimee M. Czachorowski, Lewis Brisbois Bisgaard & Smith, LLP, Wilmington, DE; Albert J. Carroll, Samuel E. Bashman, Morris James LLP, Wilmington, DE; Elisabeth A. Moriarty, Steven A. Stein, Eric M. Sefton, Greenberg Glusker Fields Claman & Machtinger LLP, Los Angeles, CA for defendant.

    Case Number: 2024-0344-SG

    Court declined to dismiss reformation claim based on theory of mistake where plaintiff adequately pled the terms of an agreement orally agreed to by the parties, such that a factfinder could infer that defendant either erroneously drafted a non-compliant written agreement, or intentionally or knowingly did so and stood by as plaintiff signed it.

  • Mehra v. Teller

    Publication Date: 2024-10-08
    Practice Area: Corporate Entities
    Industry: Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Chancellor McCormick
    Attorneys: For plaintiff: John L. Reed, Peter H. Kyle, Kelly L. Freund, Daniel P. Klusman, DLA Piper LLP (US), Wilmington, DE; Patrick J. Smith, Brian T. Burns, Michael K. Sala, Clark Smith Villazor LLP, New York, NY for plaintiffs.
    for defendant: Jon E. Abramczyk, D. McKinley Measley, Elizabeth A. Mullin Stoffer, Kirk C. Andersen, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE for defendants.

    Case Number: 2019-0812-KSJM

    Court found that equal sharing provision in parties' LLC agreement had been triggered entitling plaintiff to equal distributions at the subsidiary level by transferring his economic rights to the subsidiary following the holding company's dissolution.

  • July 30, 2024 | The American Lawyer

    Private Fund Advisers Still on SEC's Radar Despite Vacated Rule

    The agency "could increase enforcement actions based on the rules that they already have on their books," said Teresa Goody Guillen, a partner at Baker & Hostetler.

    4 minute read

  • Jaroslawicz v. M&T Bank Corp.

    Publication Date: 2024-06-25
    Practice Area: Mergers and Acquisitions
    Industry: Financial Services and Banking | Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Wallach
    Attorneys: For plaintiff: Francis J. Murphy, Jr., Jonathan L. Parshall, Murphy, Spadaro & Landon, Wilmington, DE; Steven M. Coren, Benjamin M. Mather, Matthew R. Williams, Kauffman, Coren & Ress, P.C, Philadelphia, PA for plaintiffs.
    for defendant: Brian M. Rostocki, Anne M. Steadman, Justin M. Forcier, Reed Smith LLP, Wilmington, DE; Jonathan K. Youngwood, Janet A. Gochman, Tyler A. Anger, V. Noah Gimbel, Katherine A. Hardiman, Simpson, Thacher & Bartlett, New York, NY; Kevin R. Shannon, Daniel Rusk, Potter Anderson & Corroon LLP, Wilmington, DE; Tracy Richelle High, Scott A. Foltz, Sullivan & Cromwell LLP, New York, NY for defendants.

    Case Number: 15-00897-EJW

    Court did not err in denying class certification where its rulings did not constitute an impermissible "prediction" of plaintiffs' success on the merits and where there was no authority precluding the court from considering loss causation.

  • Jaroslawicz v. M&T Bank Corp.

    Publication Date: 2024-02-19
    Practice Area: Securities Litigation
    Industry: Financial Services and Banking | Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Wallach
    Attorneys: For plaintiff: Francis J. Murphy, Jr., Jonathan L. Parshall, Murphy, Spadaro & Landon, Wilmington, DE; Steven M. Coren, Benjamin M. Mather, Matthew R. Williams, Kauffman, Coren & Ress, P.C, Philadelphia, PA for plaintiffs.
    for defendant: Brian M. Rostocki, Anne M. Steadman, Justin M. Forcier, Reed Smith LLP, Wilmington, DE; Jonathan K. Youngwood, Janet A. Gochman, Tyler A. Anger, Katherine A. Hardiman, Simpson, Thacher & Bartlett, New York, NY; Kevin R. Shannon, Daniel Rusk, Potter Anderson & Corroon LLP, Wilmington, DE; Tracy Richelle High, Scott A. Foltz, Sullivan & Cromwell LLP, New York, NY for defendants.

    Case Number: 15-00897-EJW

    Although plaintiffs' experts' report in support of their damages theory for class certification used sufficiently reliable methodologies under the Daubert standard, the evidence was wholly speculative to demonstrate economic loss or proximate causation, such that plaintiffs could not meet the commonality or predominance standards.

  • Jaroslawicz v. M&T Bank Corp.

    Publication Date: 2023-09-11
    Practice Area: Securities Litigation
    Industry: Financial Services and Banking | Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Wallach
    Attorneys: For plaintiff: Francis J. Murphy, Jr., Jonathan L. Parshall, Murphy, Spadaro & Landon, Wilmington, DE; Steven M. Coren, Benjamin M. Mather, Matthew R. Williams, Kauffman, Coren & Ress, P.C, Philadelphia, PA for plaintiffs.
    for defendant: Brian M. Rostocki, Anne M. Steadman, Justin M. Forcier, Reed Smith LLP, Wilmington, DE; Jonathan K. Youngwood, Janet A. Gochman, Tyler A. Anger, Katherine A. Hardiman, Simpson, Thacher & Bartlett, New York, NY; Kevin R. Shannon, Jonathan A. Choa, Daniel Rusk, Potter Anderson & Corroon LLP, Wilmington, DE; Tracy Richelle High, Scott A. Foltz, Sullivan & Cromwell LLP, New York, NY for defendants.

    Case Number: 15-00897-EJW

    Court declined to exclude expert report in support of class certification where unreliability of trading model was not fatal to the reliability and admissibility of the report's event study, but plaintiffs' theories of damages in their expert report did not encompass some damages experienced by certain sophisticated investors.

  • June 29, 2023 | The Legal Intelligencer

    The Burden of Commercial Reasonableness Following a Default

    Article 9 of the Uniform Commercial Code (UCC) governs secured transactions, and Part 6 of this article governs the rights and duties of the parties in the event of default. In the event of default by a debtor, a secured party may repossess the collateral and dispose of it through a sale, lease, license, or other form of disposition.

    7 minute read

  • October 14, 2022 | Corporate Counsel

    Chicago's CME Group Hires Ex-Regulator Jonathan Marcus as GC

    "Jonathan brings nearly 30 years of experience in regulatory enforcement, compliance and litigation across both government and private practice, and we are very pleased to add him to our management team," CEO Terry Duffy said.

    2 minute read

  • July 7, 2022 | The Legal Intelligencer

    The Impact of Down Payments on Purchase Money Security Interests

    A purchase money security interest (PMSI) under the Uniform Commercial Code (UCC) provides for an exception to the general "first in time, first in priority" financing statement filing structure for perfecting a security interest, since a PMSI will have priority over previously perfected security interests in the same collateral.

    6 minute read

  • Garfield v. Allen

    Publication Date: 2022-06-07
    Practice Area: Corporate Entities
    Industry: Investments and Investment Advisory | Retail
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Brian Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Steven J. Purcell, Douglas E. Julie, Robert H. Lefkowitz, Anisha Mirchandani, Purcell Julie & Lefkowitz LLP, New York, NY for plaintiff.
    for defendant: Brian M. Rostocki, Benjamin P. Chapple, Justin M. Forcier, Reed Smith LLP, Wilmington, DE; William M. Regan, Allison M. Wuertz, Hogan Lovells US LLP, New York, NY for defendants.

    Case Number: D69838

    Stockholder alleged sufficient claim of breach of fiduciary duty by board in claiming that he had notified board that an officer's equity compensation award violated the express limitations of the company's plan and the board took no action to rectify the error.