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Plunkett Cooney PC | USA | 29 Feb 2024

Misrepresentation in Application Coverage Update

The Delaware Supreme Court affirmed the Superior Court’s ruling that Zurich American Insurance Company (Zurich) was not entitled to a declaratory…
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Hogan Lovells | USA | 27 Feb 2024

Lebanon County v. Collis: Delaware Supreme Court reverses dismissal of Caremark claims

In Lebanon County Employees’ Retirement Fund v. Collis, the Delaware Supreme Court reversed the Delaware Court of Chancery’s dismissal of Caremark…
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Dechert LLP | USA | 21 Feb 2024

Delaware Court of Chancery’s Rescission of Elon Musk’s US$55.8 Billion Pay Package Signals Expansion of Scrutiny into Potential Controllers

The Delaware Court of Chancery issued a post-trial opinion, on January 30, 2024, in Tornetta v. Musk,1 holding that Tesla’s Board of Directors (the…
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Paul, Weiss, Rifkind, Wharton & Garrison LLP | USA | 16 Feb 2024

Delaware Court of Chancery Holds That Controllers May Owe Fiduciary Duties When Exercising Stockholder Rights

In In re Sears Hometown and Outlet Stores, Inc. Stockholder Litigation, the Delaware Court of Chancery (in an opinion by Vice Chancellor J. Travis…
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Sheppard Mullin Richter & Hampton LLP | USA | 15 Feb 2024

Delaware Supreme Court Enforces Forfeiture for Competition Provision in Partnership Agreement

In Cantor Fitzgerald, L.P. V. Ainslie, No. 162, 2023, 2024 WL 315193 (Del. Jan. 29, 2024), the Delaware Supreme Court held enforceable a “forfeiture…
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Willkie Farr & Gallagher LLP | USA | 13 Feb 2024

2023 Delaware Year-End Review: M&A and Shareholder Litigation

Over the last year, the Delaware Supreme Court and the Court of Chancery issued a wealth of opinions addressing many issues of interest to M&A…
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Davis Wright Tremaine LLP | USA | 8 Feb 2024

January Surprise: Court Ruling on Post-Employment Restrictive Covenants in Delaware

Companies subject to Delaware law were handed a welcome surprise in a recent Delaware Supreme Court decision bolstering the enforceability of certain…
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Paul Hastings LLP | USA | 8 Feb 2024

Delaware Supreme Court Rejects “Reasonableness” Test for Forfeiture-for-Competition Provisions

Last week, the Delaware Supreme Court reversed a Chancery Court decision that we wrote about previously, which invalidated a…
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Fenwick & West LLP | USA | 8 Feb 2024

Delaware Chancery Court Orders Recission of Elon Musk Moonshot Grant in Important Case on Transactions with Potential Corporate Controllers

The Delaware Court of Chancery determined last month that Elon Musk’s $55.8 billion “moonshot” stock option grant from Tesla should be rescinded…
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Seyfarth Shaw LLP | USA | 7 Feb 2024

Delaware Supreme Court Curbs Erosion of Forfeiture-for-Competition Protections

Seyfarth Synopsis: Delaware has long been favored by businesses for many reasons, including its courts’ deference to parties’ ability to contract…
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