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Delaware Superior Court Explains Disgorgement Exclusion In Insurance Coverage

USA - November 11 2016 D&O policies often attempt to exclude from coverage sums paid to disgorge unlawful profits. The underlying theory is that...

Albert J. Carroll

Court Of Chancery Explains Fee Award In Appraisal Case

USA - October 18 2016 Plaintiffs' attorneys in representative litigation may obtain awards of fees and expenses when their efforts prove successful and provide benefits…

Albert J. Carroll

Court Of Chancery Explains When Prior Dismissal Does Not Preclude Another Derivative Case

USA - September 6 2016 This is an important decision because it explains when a prior dismissal of a derivative complaint does not preclude a second complaint alleging a…

Albert J. Carroll

Court Of Chancery Denies Inspection When The Board Has An Obvious Defense To A Claim Of Wrongdoing

USA - September 6 2016 In general, the bar is low for exercising inspection rights to investigate claims of wrongdoing. Plaintiffs need provide only some evidence to suggest…

Albert J. Carroll

Court Of Chancery Again Explains Scope Of The Corwin Doctrine

USA - August 31 2016 This is one of two recent Court of Chancery decisions explaining that the Corwin case really does mean that there is an “irrebuttable business…

Albert J. Carroll