In Cephalon, Inc. v. Johns Hopkins University, et al., C.A. No. 3505-VCP (Del Ch., Dec. 4, 2009), read letter decision here, Cephalon asked the Delaware Court of Chancery to review in camera certain documents identified in the privilege log of defendant Johns Hopkins University (“JHU”) to determine whether these [...]
In Cephalon, Inc. v. Johns Hopkins University, et al., C.A. No. 3505-VCP (Del Ch., Dec. 4, 2009), read letter decision here, Cephalon asked the Delaware Court of Chancery to review in camera certain documents identified in the privilege log of defendant Johns Hopkins University (“JHU”) to determine whether these [...]
Prof. J.W. Verret, a former law clerk for the Delaware Court of Chancery, explores here on the Truth on the Market blog, the potential issues related to a majority shareholder's duties under Delaware corporate law, when that majority shareholder is the United States government--which generally enjoys sovereign immunity, unlike the conventional majority [...]
The Delaware Court of Chancery is considering a new procedure for new cases to be filed with the Court for the purpose of being arbitrated by a member of the Court. The draft rules are only preliminary proposals subject to change. Chancellor William Chandler, III discussed the draft rules in a presentation to members [...]
Kurtz v. Holbrook, No. 5019-VCL (Del. Ch. Dec. 1, 2009), read letter decision here.
This relatively short letter decision from the Delaware Court of Chancery addresses two motions to compel and explains why both were denied.
This is an expedited case that was filed on October 26, 2009 and seeks a preliminary [...]
Mangano v. Pericor Therapeutics, Inc., No. 3777-VCN (Del. Ch. December 1, 2009), read opinion here.
This 23-page opinion of the Delaware Court of Chancery explains in great detail the factual basis of the legal issues in this case in the context of dueling motions for partial summary judgment and for [...]
eBay v. Craigslist (eBay Domestic Holdings v. Newmark), is a case scheduled to be tried in the Delaware Court of Chancery starting on Monday. The case involves important issues of corporate law and corporate litigation arising, among other things, from board membership on, and investments by, one competitor in another competitor, and the [...]
Vichi v. Koninklijke Philips Electronics, No. 2578-VCP (Del. Ch. Dec. 1, 2009), read opinion here. This Chancery Court opinion of 55-pages in its original format, involves multiple non-U.S. residents and foreign companies engaged in international business transactions. A central fact on which the legal issues were based, was a loan of [...]
State Line Ventures, LLC v. RBS Citizens, No. 4705-VCL (Dec. 2, 2009), read letter decision here.
This letter decision of the Delaware Court of Chancery must be read by any Delaware lawyer serving as "local counsel", and more importantly, should be required reading for any non-Delaware lawyer (or any out of state [...]
State Line Ventures, LLC v. RBS Citizens, No. 4705-VCL (Dec. 2, 2009), read letter decision here.
This letter decision of the Delaware Court of Chancery must be read by any Delaware lawyer serving as "local counsel", and more importantly, should be required reading for any non-Delaware lawyer (or any out of state [...]
In Levinhar v. MDG Medical, Inc., No. 4301-VCS (Del. Ch., Nov. 24, 2009), read opinion here, the Delaware Court of Chancery explains the expansive scope of claims allowable in a summary proceeding pursuant to Section 225 of the Delaware General Corporation Law (DGCL). Section 225 proceedings are summary in nature and are designed [...]
Lefkowitz v. HWF Holdings, LLC, No. 4381-VCP (Del. Ch. Nov. 13, 2009), read opinion here. This 30-page opinion is a helpful primer on the recurring topics of both procedural and substantive arbitrability. That is, it addresses when the applicability of an arbitration clause in an agreement can, or cannot, be decided in the first [...]
Amirsaleh v. NY Board of Trade. A short video clip of the trial in this case that is ongoing this week in the Delaware Court of Chancery is available here, courtesy of www.courtroomview.com Prior decisions of the Court of Chancery in this case highlighted on this blog are available [...]
Lola Cars Int'l Limited v. Krohn Racing, LLC, No. 3379-VCN (Del. Ch. Nov. 12, 2009), read 31-page letter decision here. This decision of the Delaware Court of Chancery is chock full of substantive Delaware LLC law that is of practical usefulness for business lawyers and litigators.
Key Issues Addressed
Dissolution requested' [...]
