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Results:1-10 of 3,031

Private Equity Update: Portfolio Company D&O Insurance May Not Extend to Private Equity Sponsors

Winston & Strawn LLP
USA
January 15 2019

A recent decision from the Delaware Superior Court interpreting a so-called “capacity exclusion” in a director and officer (“D&O”) insurance policy

Delaware Court of Chancery Declares Ineffective Exclusive Federal Forum Provision for 1933 Act Claims

Sheppard Mullin Richter & Hampton LLP
USA
January 14 2019

In Sciabacucchi v. Salzberg, C.A. No. 2017-0931-JTL, 2018 WL 6719718 (Del. Ch. Dec. 19, 2018), the Delaware Court of Chancery (Laster, V.C.) held that

Chancery Court Denies Dismissal of Breach of Fiduciary Duty Claims after Concluding that Stockholder Vote was Not Informed

K&L Gates
USA
January 14 2019

In In re Tangoe, Inc. Stockholders Litigation, C.A. No. 2017-0650-JRS (Del. Ch. Nov. 20, 2018), the Delaware Court of Chancery denied the director

Developments in Governance and Disclosure: Winter 2018-2019 Supplement

Vinson & Elkins LLP
USA
January 10 2019

On December 6, 2018, SEC Chairman Jay Clayton gave a speech in which he reviewed the Commission’s progress on its agenda during 2018 and

Termination of M&A transactions based on MAC clauses

Beiten Burkhardt
USA
January 10 2019

On 1 October 2018, the Delaware Court of Chancery recognised a material adverse change (MAC) clause as a means to terminate a share purchase

Patently False: The Delaware Chancery Court Dissolves Limited Liability Company Founded on False Claims of Patent Ownership

K&L Gates
USA
January 9 2019

In Decco U.S. Post-Harvest, Inc., v. MirTech, Inc., the Delaware Chancery Court issued a Memorandum Opinion dissolving a limited liability company

Delaware Court of Chancery Invalidates Federal Forum Selection Provisions for Claims Arising Under the Securities Act of 1933

Paul Weiss
USA
January 9 2019

On December 19, 2018, the Delaware Court of Chancery (Laster, V.C) held in Sciabacucchi v. Salzberg et al, C.A. No. 2017-0931-VCL (Del. Ch. Dec. 19

Delaware M&A Quarterly: Delaware Supreme Court Affirms Landmark MAE Findings

Paul Weiss
USA
January 9 2019

The Delaware Supreme Court, sitting en banc, unanimously affirmed the Court of Chancery’s opinion in Akorn, Inc. v. Fresenius Kabi AG holding that

Delaware Court Of Chancery Denies Motion To Dismiss Breach Of Contract Claim For Failure To Use “Commercially Reasonable Efforts” To Obtain Regulatory Approval For Pharmaceuticals

Shearman & Sterling LLP
USA
January 8 2019

On December 28, 2018, Vice Chancellor Sam Glasscock III of the Delaware Court of Chancery declined to dismiss a breach of contract claim brought by

Delaware Court Of Chancery Rejects Forum-Selection Charter Provision For Federal Securities Law Claims

Shearman & Sterling LLP
USA
January 8 2019

On December 19, 2018, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery granted summary judgment to a shareholder challenging the

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