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Article

Morris James LLP | USA | 11 Nov 2016

Delaware Superior Court Explains Disgorgement Exclusion In Insurance Coverage

D&O policies often attempt to exclude from coverage sums paid to disgorge unlawful profits. The underlying theory is that...
Article

Morris James LLP | USA | 9 Nov 2016

Court Relies on Fully Informed Uncoerced Stockholder Vote in 'Revlon' Challenge

Vice Chancellor Joseph R. Slights III's decision In re OM Group Stockholders Litigation, Consol. C.A. No. 11216-VCS (Oct. 12, 2016), represents the…
Article

Morris James LLP | USA | 18 Oct 2016

Court Of Chancery Explains Fee Award In Appraisal Case

Plaintiffs' attorneys in representative litigation may obtain awards of fees and expenses when their efforts prove successful and provide benefits…
Article

Morris James LLP | USA | 21 Sep 2016

Del. Forum Non Conveniens Doctrine Doesn't Depend on Adequate Alternative Forum

Corporations sued in Delaware and subject to jurisdiction here sometimes employ the doctrine of forum non conveniens (FNC) to seek dismissal of the…
Article

Morris James LLP | USA | 19 Sep 2016

Court allows defendant to amend its pleadings to add defenses

SunPower Corporation v. PanelClaw, Inc., C.A. No. 12-1633 - MPT, September 19, 2016. Thynge, C. M. J. Defendant’s motion to amend answer to assert…
Article

Morris James LLP | USA | 6 Sep 2016

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

This is an important decision because it explains when a prior dismissal of a derivative complaint does not preclude a second complaint alleging a…
Article

Morris James LLP | USA | 6 Sep 2016

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

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

Morris James LLP | USA | 2 Sep 2016

Delaware District Court Interprets Amended FRCP

The first Delaware opinion that has been issued that addresses either sanctions or proportionality under the new Federal Rules is GN Netcom, Inc. v…
Article

Morris James LLP | USA | 31 Aug 2016

Court Of Chancery Again Explains Scope Of The Corwin Doctrine

This is one of two recent Court of Chancery decisions explaining that the Corwin case really does mean that there is an “irrebuttable business…
Article

Morris James LLP | USA | 31 Aug 2016

Advancement Rights of Present and Future Officers Under LLC Agreement

Advancement and indemnification rights are vital in attracting the best and brightest individuals to serve as managers of Delaware entities. Those…
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