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  • Horton v. Organogenesis Inc.

    Publication Date: 2019-08-07
    Practice Area: Mergers and Acquisitions
    Industry: Health Care | Manufacturing
    Court: Court of Chancery
    Judge: Vice Chancellor McCormick
    Attorneys: For plaintiff: John L. Reed, Matthew Denn and Peter H. Kyle, DLA Piper LLP (US), Wilmington, DE for plaintiff.
    for defendant: Carl D. Neff and Kasey H. DeSantis, Fox Rothschild LLP, Wilmington, DE; Matthew C. Baltay, Foley Hoag LLP, Boston, MA for defendant.
    Case Number: D68657

    Defendant adequately stated a counterclaim for indemnification based on breaches of representations and warranties, but the court dismissed a counterclaim for indemnification based on losses which had not yet been incurred.

  • Howland v. Kumar

    Publication Date: 2019-06-26
    Practice Area: Corporate Governance
    Industry: Biotechnology | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor McCormick
    Attorneys: For plaintiff: Sidney S. Liebesman, Johnna M. Darby and Wali W. Rushdan II, Fox Rothschild LLP, Wilmington, DE for plaintiff.
    for defendant: Bradley D. Sorrels and Daniyal M. Iqbal, Wilson Sonsini Goodrich & Rosati, P.C., Wilmington, DE for individual defendants. Stephen E. Jenkins, Ashby & Geddes, P.A., Wilmington, DE for nominal defendant Anixa Biosciences, Inc.
    Case Number: D68611

    In this derivative action, a stockholder alleged sufficient facts to support an inference that defendant directors and officers breached their fiduciary duty.