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  • In re: TransPerfect Global, Inc.

    Publication Date: 2021-05-19
    Practice Area: Corporate Entities
    Industry: Consulting
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Kevin R. Shannon, Potter Anderson & Corroon LLP, Wilmington, DE; Philip S. Kaufman, Kramer Levin Naftalis & Frankel LLP, New York, NY for petitioner.
    for defendant: Jeremy D. Eicher, Eicher Law LLC, Wilmington, DE; David B. Goldstein, Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C., New York, NY for respondent Shawe. Frank E. Noyes, II, Offit Kurman, P.A., Wilmington, DE; Adam K. Bult, Brownstein Hyatt Farber Schreck, LLP, Las Vegas, NV for nominal party TransPerfect Global.
    Case Number: D69399

    Court-appointed corporate custodian was entitled to reimbursement of fees and expenses incurred in responding to majority owner's frivolous litigation challenging custodian's fee petitions.

  • 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.

  • April 10, 2019 | New York Law Journal

    Limitations on Director Access to Company Information

    In their Corporate Litigation column, Joseph M. McLaughlin and Shannon K. McGovern discuss recent Delaware Court of Chancery decisions that have offered fine-grained guidance on the governance procedures a company must follow to invoke the adversity exception to directors' access, and the scope of permissible restrictions on access to company information.

    1 minute read

  • December 12, 2018 | New York Law Journal

    Mootness Fees in Disclosure-Focused Deal Litigation

    In their Corporate Litigation column, Joseph M. McLaughlin and Shannon K. McGovern write: “Mootness fees” to plaintiffs' counsel after a voluntary dismissal have become a standard feature of deal litigation resolved before a stockholder motion to enjoin a transaction based on alleged proxy disclosure deficiencies is decided. The authors explain the important differences between disclosure-only settlements and mootness fees when resolving such litigation and discuss a recent relevant decision currently on appeal to the Seventh Circuit.

    1 minute read

  • The Cirillo Family Trust v. Moezinia

    Publication Date: 2018-07-25
    Practice Area: Mergers and Acquisitions
    Industry: Pharmaceuticals
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: David A. Jenkins, Neal C. Belgam and Clarissa R. Chenoweth for plaintiff
    for defendant: A. Thompson Bayliss, Adam K. Schulman, E. Wade Houston and Richard W. Reinthaler for defendants.
    Case Number: D68229

    The court validated written consents to a merger even though they were incorrectly dated.

  • Holland v. Bouchard, 16-CV-5936

    Publication Date: 2017-09-26
    Practice Area: Civil Procedure
    Industry:
    Court: U.S. District Court, Southern District
    Judge: District Judge Vernon Broderick
    Attorneys: For plaintiff: Counsel for Plaintiff: Andrew J. Goodman, Jeanne C. Barenholtz, Malcolm Seymour, Garvey Schubert Barer, New York, NY.
    for defendant: Counsel for Defendants: John K. Villa, Anne M. Rucker, William T. Burke, Williams & Connolly LLP, Washington, DC. Jonathan D. Lupkin Lupkin & Associates PLLC New York, NY.
    Case Number: 16-CV-5936

    42 USC §1983 Challenge to Delaware Court's Order Dismissed Under 'Younger' Do

  • May 23, 2016 | New York Law Journal

    The Future of Disclosure-Only Settlements

    In the second half of 2015, the Delaware Court of Chancery seemed to say "enough" with respect to so-called "disclosure-only" settlements in M&A class actions. Having

    1 minute read

  • January 5, 2015 | Commercial Litigation Insider

    Corporate Bylaws Center of Chancery Court Focus in 2014

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    1 minute read

  • January 4, 2015 | Commercial Litigation Insider

    Corporate Bylaws Center of Chancery Court Focus in 2014

    The Delaware Court of Chancery largely focused its attention in 2014 on the validity of fee-shifting and exclusive forum bylaws. Although both issues remain largely undefined, the plaintiff activity in these cases could help decide the scope of such bylaws next year.

    1 minute read

  • December 23, 2014 | Delaware Business Court Insider

    Corporate Bylaws Center of Chancery Court Focus in 2014

    The Delaware Court of Chancery largely focused its attention this year on the validity of fee-shifting and exclusive forum bylaws. Although both issues remain largely undefined, the plaintif

    1 minute read