Delaware Court of Chancery enjoins solicitation of consent revocations and finds a likely breach of Unocal standard as a result of board's failure to approve a competing slate of directors *

USA - March 15 2013
On March 8, 2013, the Delaware Court of Chancery held that a board may not impermissibly infringe on stockholders' ability to elect a replacement…

Co-authors: Steven L. Caponi, Elizabeth A. Sloan.

New York court adopts Delaware “common sense” test for assessing whether claims assert derivative or direct harm *

USA - August 13 2012
On August 7, 2012, in Yudell v. Gilbert, the Appellate Division, First Department adopted a test first articulated by the Delaware Supreme Court in assessing whether a claim is direct or derivative in nature.

Co-authors: Ryan J. Casson, Harris N. Cogan.