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  • Drachman v. Cukier

    Publication Date: 2021-11-16
    Practice Area: Corporate Governance
    Industry: Investments and Investment Advisory | Pharmaceuticals
    Court: Court of Chancery
    Judge: Vice Chancellor Will
    Attorneys: For plaintiff: Brian E. 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 plaintiffs.
    for defendant: Blake Rohrbacher, Alexander M. Krischik, Richards, Layton & Finger, P.A., Wilmington, DE; Caroline H. Bullerjahn, Goodwin Procter LLP, Boston, MA; Peter B. Ladig, Brett M. McCartney, Bayard P.A., Wilmington, DE for defendants.
    Case Number: D69606

    The court held that plaintiffs' amended complaint satisfied pleading requirements for a claim of breach of fiduciary duty concerning board approval and implementation of charter amendments where 1) plaintiffs made a valid demand on the board to correct a violation and 2) the allegations supported an inference that the demand was wrongfully refused.

  • AffiniPay, LLC v. West

    Publication Date: 2021-10-06
    Practice Area: Dispute Resolution
    Industry: E-Commerce | Technology Media and Telecom
    Court: Court of Chancery
    Judge: Vice Chancellor Will
    Attorneys: For plaintiff: Rudolf Koch, Ryan D. Konstanzer, Richards, Layton, & Finger, P.A., Wilmington, DE; Joseph P. Rockers, Batoul Husain, Goodwin Procter LLP, Boston, MA for plaintiffs.
    for defendant: Peter B. Ladig, Thad J. Bracegirdle, Justin C. Barrett, Bayard, P.A., Wilmington, DE for defendant.
    Case Number: D69559

    Where the parties' various agreements adopted different dispute resolution procedures, although each version delegated the issue of arbitrability to the arbitrator, the court could exercise subject matter jurisdiction to determine arbitrability where there was no unmistakable evidence that the parties had agreed to submit one party's claims to that party's chosen arbitral forum.