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Coal Plant Shutdowns: Operators Have Cyber Protection Obligations Even After Closing

USA - August 29 2016 As Yogi Berra used to say: “It ain’t over till it’s over.” Coal plant operators shutting down their plants should remember this phrase. Even after...

J. Wylie Donald, Thomas DaCosta Lobo, James R. Choukas-Bradley, John J. McAleese, Mary Jane Augustine, Keith E. Lynott, Frank E. Ferruggia, Tricia Caliguire, Alan F. Kornstein.


Court of Chancery Puts Boards of Directors on Notice that Contracting Away Derivative Claims in a Merger Can Risk Subjecting the Merger to Entire Fairness Review

USA - August 15 2016 Vice Chancellor Glasscock has held that a merger designed to eliminate derivative claims against a majority of directors justified the application of...

Daniel J. Brown, Hayley J. Reese, Daniel M. Silver, Jameson A.L. Tweedie, Philip D. Amoa.


What Is the Fair Value of a Stock? Delaware Court of Chancery Rejects the Transaction Price as the Most Reliable Measure

USA - July 28 2016 In two recent decisions out of the Delaware Court of Chancery - In re: Appraisal of DFC Global Corp., C.A. No. 10107-CB ("DFC Global") and In re:...

Daniel J. Brown, Hayley J. Reese, Daniel M. Silver, Jameson A.L. Tweedie, Philip D. Amoa.


Freedom of Contract in LLC Structure Is Not Absolute Where Parties Seek Bankruptcy Relief

USA - July 21 2016 In re Intervention Energy Holdings, LLC, Case No. 16-11247 (D. Del. June 3, 2016), the Bankruptcy Court for the District of Delaware dealt with the...

Daniel J. Brown, Benjamin A. Smyth, Daniel M. Silver, Jameson A.L. Tweedie, Philip D. Amoa.


Delaware Law Updates - Delaware Supreme Court Defers to the Court of Chancery’s Fact-Finding and Witness Credibility Determinations

USA - June 21 2016 In a recent decision out of the Delaware Supreme CourtCDX Holdings, Inc. v. Fox, C.A. No. 526, 2015 (Del. June 6, 2016)Justice Holland, writing for...

Daniel J. Brown, Hayley J. Reese, Benjamin A. Smyth, Jameson A.L. Tweedie, Philip D. Amoa.