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Sidley Austin LLP | USA | 16 Mar 2022

Court to Activists (Again): Follow The Rules Or Suffer The Consequences

On February 14, 2022, Vice Chancellor Lori W. Will issued a post-trial decision affirming the Lee Enterprises, Inc. Board of Directors’ rejection of…
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Skadden Arps Slate Meagher & Flom LLP | USA | 19 Jan 2022

Delaware Courts Simplify Rules for Derivative Actions, Analyze SPAC Fiduciary Duty Review and Clarify Books-and-Records Obligations

Delaware’s business courts continued to operate largely unaffected by the pandemic in 2021 and issued several notable decisions. Here is what we saw…
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Sidley Austin LLP | USA | 6 Dec 2021

Still in the Crosshairs: Plaintiffs Continue to Take Aim at Post-Merger SPACs

We previously wrote about the trend of SPAC (special purpose acquisition Company) lawsuits filed in the Delaware Court of Chancery, with some…
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Gatehouse Chambers | United Kingdom | 24 Sep 2021

Illegality defence further evolves into natural justice

Then along came Patel v Mirza [2016] UKSC 42. That Supreme Court decision gave us the modern formulation, taking a new policy-based approach that…
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Hogan Lovells | USA | 30 Aug 2021

In re Pattern Energy Group Inc: risks to directors and officers in not maximizing stockholder value

In a 200+ page decision, the Court of Chancery in In re Pattern Energy Group Inc. Stockholders Litigation, (C.A. No. 2020-0357-MTZ (Del. Ch. May 6…
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Sidley Austin LLP | USA | 10 Jun 2021

Chancery Denies Corwin Cleansing In Light of Process Concerns

Last month Vice Chancellor Zurn issued a significant, 200+ page decision on a motion to dismiss filed by defendants in the ongoing Pattern Energy…
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K&L Gates LLP | USA | 28 Dec 2020

Chancery Court dismisses complaint, holding that directors were not conflicted in approving a merger simply due to the threat of a looming proxy contest

In Rudd v. Brown, et al, C.A. No. 2019-0775 MTZ (Del. Ch. Sept. 11, 2020), the Delaware Court of Chancery (the "Court") dismissed the plaintiff's…
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Duane Morris LLP | USA | 24 Jun 2020

Chancery's narrow construction of forum selection clause preserves venue of fiduciary duty litigation in Del.

In EnVen Energy v. Dunwoody, No 2019-0579-KSJM, 2020 Del. Ch. Lexis 195 (Del. Ch. May 28, 2020), the Delaware Court of Chancery found that a forum…
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K&L Gates LLP | USA | 29 Apr 2020

Court of Chancery Applies Entire Fairness Standard to PennyMac’s Reorganization Transaction

In Robert Garfield v. BlackRock Mortgage Ventures, LLC, et al (the “Defendants”) (C.A. No. 2018-9017-KSJM), the Court of Chancery denied a motion to…
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