by The Delaware Counsel Group, LLC | May 18, 2007 | Law Updates, LU07
Documents: Openwave Sys. Inc. v. Harbinger Capital Partners Master Fund I, Ltd., C.A. No. 2690-VCL, Lamb, V.C. (Del. Ch. May 18, 2007) The Court, in a post trial opinion, upheld the validity of advance notice by-laws against a challenge by a stockholder that did not...
by The Delaware Counsel Group, LLC | May 18, 2007 | Law Updates, LU07
Documents: North American Catholic Educational Programming v. Gheewalla, C.A. No. 521, 2006, Holland, J. (Del. May 18, 2007) The Delaware Supreme Court, affirming the Court of Chancery, dismissed a fiduciary duty claim by creditors of a Delaware corporation that was...
by The Delaware Counsel Group, LLC | May 16, 2007 | Law Updates, LU07
Document: Levy v. HLI Operating Co., C.A. No. 1395-VCL, Lamb, V.C. (Del. Ch. May 16, 2007) The Court granted partial summary judgment to the defendant corporation in a suit where former directors were seeking indemnification and fees under 8 Del. C. § 145, where the...
by The Delaware Counsel Group, LLC | May 16, 2007 | Law Updates, LU07
Documents: Metcap Securities LLC v. Pearl Senior Care, Inc., C.A. No. 2129-VCN, Noble, V.C. (Del. Ch. May 16, 2007) The plaintiffs were a special purpose entity (the “SPE”) and an investment banking firm that had offered the SPE and its affiliates advice regarding a...
by The Delaware Counsel Group, LLC | May 11, 2007 | Law Updates, LU07
Document: Pershing Square L.P. v. Ceridian Corp., C.A. No. 2780-CC, Chandler, C. (Del. Ch. May 11, 2007) The Court denied a request for books and records pursuant to 8 Del. C. § 220, holding the petitioner did not have a proper purpose when the petitioner’s purpose...
by The Delaware Counsel Group, LLC | May 9, 2007 | Law Updates, LU07
Document: In re: The Topps Co. S’holders Litig., C.A. No. 2786-VCS, Strine, V.C. (Del. Ch. June 14, 2007) The Court issued a preliminary injunction to correct disclosure violations where the proxy statement did not discuss unfavorable valuation calculations, and...
