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Delaware Supreme Court upholds collateral estoppel in multiforum litigation

Katten Muchin Rosenman LLP
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USA
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April 19 2013

The Delaware Supreme Court recently held that the dismissal of a shareholder derivative suit by a California federal court had a preclusive effect on

Delaware Chancery Court addresses records inspection requests standards

Katten Muchin Rosenman LLP
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USA
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March 8 2013

The Delaware Chancery Court recently addressed the limits of shareholder inspection rights, holding that such requests must be specifically related

Delaware Court of Chancery analyzes damages claims in failed asset sale

Katten Muchin Rosenman LLP
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USA
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February 8 2013

The Delaware Court of Chancery recently denied, with one exception, cross-motions for summary judgment in an action to determine damages arising from

Court of Appeals affirms validity of New York choice-of-law provisions

Katten Muchin Rosenman LLP
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USA
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January 11 2013

The New York Court of Appeals has held that where a contract contains a New York choice-of-law provision and is otherwise subject to New York General

Delaware Chancery Court strengthens first-filed action rule

Katten Muchin Rosenman LLP
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USA
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December 14 2012

The Delaware Court of Chancery recently stayed a Delaware action in favor of an earlier-filed Texas case because they dealt with substantially similar facts, even where the two lawsuits did not contain identical claims

Delaware Supreme Court rejects Chancery Court’s determination that default fiduciary duties apply to all LLC members

Katten Muchin Rosenman LLP
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USA
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November 16 2012

The Delaware Supreme Court ultimately affirmed the ruling of the Delaware Chancery Court in finding the manager of an LLC in violation of his contractual fiduciary duties, but while doing so it took pains to reject as unnecessary the Chancery Court’s decision that default fiduciary duties apply to all LLC members under the Delaware Limited Liability Corporation Act (Delaware LLC Act

Assertion of common interest doctrine and business strategy privilege rejected

Katten Muchin Rosenman LLP
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USA
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November 2 2012

The Delaware Court of Chancery recently rejected a party’s argument that the “common interest doctrine” and the “business strategy privilege” shielded documents from discovery

A new wave of say-on-pay and executive compensation proxy litigation

Katten Muchin Rosenman LLP
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USA
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October 29 2012

Nobody can accuse the plaintiffs’ shareholder bar of suffering from a lack of creativity or being easily dissuaded from purporting to represent shareholders

Claims for corporate indemnification and piercing the corporate veil not mutually exclusive

Katten Muchin Rosenman LLP
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USA
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October 26 2012

The US Court of Appeals for the Second Circuit reversed a district court decision holding that a plaintiff could not simultaneously seek indemnification from his corporate employer and also seek to pierce that corporation’s veil

Chancery Court finds fiduciary duties waived by contract

Katten Muchin Rosenman LLP
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USA
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October 19 2012

The Court of Chancery of the State of Delaware recently dismissed a claim for breach of fiduciary duty brought by common unitholders in a master limited partnership against the controlling unitholder where the language of the partnership agreement expressly eliminated any fiduciary duties owed to the unitholders

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