May 20, 2013
Wall Street Journal | Subscription Required | May 20, 2013
The state of Delaware is asking a federal appeals court to overturn a decision striking down as unconstitutional its practice of allowing corporate law judges to sit as arbitrators, deciding big business cases in secret.
April 22, 2013
National Law Journal | Subscription Required | April 22, 2013
Sitting en banc, the Delaware Supreme Court this month delivered an important message on two of the most hotly debated issues in corporate litigation: how courts should handle dueling shareholder lawsuits in multiple jurisdictions, and whether fast-filing class action and derivative plaintiffs should be accorded an advantage over late filers who prepare a more complete complaint.
April 11, 2013
Associated Press | April 11, 2013
Attorneys for U.S. food giant Dole and Dow Chemical Co. asked the Delaware Supreme Court on Wednesday to overturn a lower court judge’s refusal to dismiss a lawsuit involving a now-banned pesticide linked to sterility.
April 8, 2013
Delaware Supreme Court Blasts Chancery Court's Controversial Refusal to Recognize California Court JudgmentD & O Diary | April 8, 2013
One of the more vexing litigation problems to emerge recently has been the proliferation of multi-jurisdiction litigation, where corporate defendants are forced to litigate essentially the same claim in multiple courts at the same time.
March 29, 2013
Point of Law | March 29, 2013
96% of mergers result in litigation alleging breach of fiduciary duty. This isn't because there are widespread breaches of fiduciary duty; it's because strike suits threatening to generate litigation expenses relating to the merger are highly profitable. The case settles with a tweak to the disclosures, and the attorneys walk away with over $1000/hour for agreeing to stop trying to hold up the merger. Courts are beginning to see through this.
March 27, 2013
ThomsonReuters | March 27, 2013
There are five judges in Delaware Chancery Court and five more on the state's Supreme Court. We've asked a lot of them in the boom years of deal-related shareholder litigation.
March 25, 2013
WSJ.com Law Blog | March 25, 2013
The Delaware business court’s top judge, Chancellor Leo Strine Jr., insisted Friday that his recent decision to reject a proposed settlement in an M&A litigation case wasn’t meant to send a message. But a message came through loud and clear on the panel.
March 21, 2013
ThomsonReuters | March 21, 2013
Documents in 12 major asbestos-related bankruptcies could be unsealed for the first time next month in a novel bid by a manufacturer to bolster its defense against a barrage of claims that its products caused deadly cancer and mesothelioma.
March 1, 2013
American Lawyer | Subscription Required | March 1, 2013
As a new report from Cornerstone Research affirmed on Thursday, shareholder M&A litigation is keeping a lot of lawyers awfully busy these days, especially in Delaware. But plaintiffs lawyers looking for guidance on a key provision of Delaware law related to such cases were turned away by the state's highest court this week, leaving them on the sidelines of derivative litigation over a $9 billion deal.
February 8, 2013
ThomsonReuters | February 8, 2013
A novel proposal to subject class action and derivative lawsuit settlements to a "market test" has been rejected by the same Delaware judge who initially floated the idea.
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