by VeloCap Media | Nov 26, 2008 | Law Updates, LU08
Document: Off v. Ross, et al., C.A. No. 3468-VCP, Parsons, V.C. (Del. Ch. Nov. 26, 2008) Plaintiff brought a class action and derivative suit against the board of trustees of a Delaware statutory trust for breach of fiduciary duty in connection with a convertible...
by VeloCap Media | Nov 25, 2008 | Law Updates, LU08
Document: Brinkerhoff v. Texas Eastern Products Pipeline Co., LLC, et al., C.A. No. 2427-VCL, (“TEPPCO”) Lamb, V.C. (Del. Ch. Nov. 25, 2008) Plaintiff alleged that the defendant directors breached their fiduciary duties by causing TEPPCO Partners L.P. to enter into...
by VeloCap Media | Nov 7, 2008 | Law Updates, LU08
Document: Cargill, Inc., et al. v. JHW Special Circumstance LLC, C.A. No. 3234-VCP, Parsons, V.C. (Del. Ch. Nov. 7, 2008) The representative of a Delaware statutory trust (the “Trust”) brought suit against the Trust’s managing owner (the “Managing Owner”) for breach...
by VeloCap Media | Oct 22, 2008 | Law Updates, LU08
Document: Comet Systems, Inc., et al. v. MIVA, Inc., C.A. No. 2793-VCL, Lamb, V.C. (Del. Ch. Oct. 22, 2008) In calculating an earnout as part of a merger agreement, the Court found that an employee bonus plan which paid out solely in the event of an acquisition or...
by VeloCap Media | Oct 22, 2008 | Law Updates, LU08
Document: Olson v. Halvorsen, et al., C.A. No. 1884-VCL, Lamb, V.C. (Del. Ch. Oct. 22, 2008) The Chancery Court, in granting summary judgment to the defendant partners of a hedge fund, held that the Statute of Frauds applies to LLC operating agreements, an issue that...
by VeloCap Media | Oct 17, 2008 | Law Updates, LU08
Document: HDS Investment Holding, Inc. v. The Home Depot, Inc., C.A. No. 3968-CC, Chandler, C. (Del. Ch. Oct. 17, 2008) In addressing several motions to dismiss, the Court narrowly interpreted an arbitration provision under New York law which gave an independent...