by The Delaware Counsel Group | Sep 19, 2013 | Law Updates, LU13
Document: Canmore Consultants Ltd. v. L.O.M. Medical International, Inc. C.A. No. 8645-VCG (Del. Ch. September 19, 2013) In the first case before the Court of Chancery turning on application of 8 Del. C. § 223(c), Vice Chancellor Sam Glasscock, III, rejected the...
by The Delaware Counsel Group | Sep 16, 2013 | Law Updates, LU13
Document: ASB Allegiance Real Estate Fund v. Scion Breckenridge Managing Member, LLC C.A. No. 5843–VCL (Del Ch. September 16, 2013) After plaintiffs prevailed in litigation arising from drafting errors, they sought to have attorneys’ fees shifted. The errors involved...
by The Delaware Counsel Group | Sep 10, 2013 | Law Updates, LU13
Document: Arkansas Teacher Retirement System v. Countrywide Financial Corp. No. 14, 2013 (Del. September 10, 2013) The U.S. 9th Circuit Court of Appeals certified a question to the Delaware Supreme Court on the whether the fraud exception to Delaware’s...
by The Delaware Counsel Group | Sep 5, 2013 | Law Updates, LU13
Document: Edmond Costantini, et al. v. Swiss Farm Stores Acquisition LLC, C. A. No. 8613–VCG (Del. Ch. September 5, 2013) In this case, plaintiffs sought indemnification after Swiss Farm sued them for breach of fiduciary duty and lost the case based on laches. While...
by The Delaware Counsel Group | Aug 27, 2013 | Law Updates, LU13
Document: Levey v. Brownstone Asset Management LP, No. 551, 2012 (Del. August 27, 2013) The Delaware Supreme Court reversed the Court of Chancery, finding that, in the interest of justice, the doctrine of laches by analogy to the statute of limitations should not be...
by The Delaware Counsel Group | Aug 16, 2013 | Law Updates, LU13
Document: In re Trados Incorporated Shareholder Litigation Consol. C.A. No. 1512–VCL (Del. Ch. August 16, 2013) Vice Chancellor Travis J. Laster found the 2005 sale of Trados Inc. entirely fair even though the directors’ failed to follow a fair process and the common...