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: BusinessAssociationsBlog.comRemedies under Delaware State Law for Breaches of the Duty of Disclosure
By Stephen Bainbridge
[continued on site]
Full post as published by BusinessAssociationsBlog.com on July 02, 2008 (boomark / email).
Duty Of Disclosure: Delaware Chancellor Further Limits Availability of Damages
Duty Of Disclosure: Delaware Chancellor Further Limits Availability of Damages From Travis Laster: Last week, Delaware Chancellor Chandler - in In re Transkaryotic Therapies, Inc. - granted summary judgment in favor of three directors who were alleged to have breached...
Chancery Grants "Quasi-Appraisal" Remedy for Breach of Section 253 Short-Form Merger Requirements
In Berger v. Pubco Corp., 2008 WL 2224107 (Del. Ch., May 30, 2008), read opinion here, the Delaware Chancery Court fashioned a "quasi-appraisal" remedy due to a breach of the statutorily mandated requirements of a short-form merger under DGCL Section 253, as well as for breach of the duty to make necessary disclosures...
Tolson on Unconscious Discrimination
Franita Tolson has posted The Boundaries of Litigating Unconscious Discrimination: Firm-based Remedies in Response to a Hostile Judiciary on SSRN. Here is the abstract: The notion that a corporation has a duty under Delaware law to create an environment amenable...
When executions go bad: the Delaware edition
An interesting story out of Delaware on that state’s lethal injection litigation. Attorneys challenging that state’s protocol are claiming that Delaware’s last execution was, in fact, botched...
Court of Chancery Upholds Jurisdiction Over Nonresident Attorney
Sample v. Morgan, C.A. No. 1214-VCS (November 27, 2007). In this major decision, the Court of Chancery has upheld its jurisdiction over a non-Delaware attorney who is alleged to have aided and abetted a breach of fiduciary duty by directors...
Delaware Chancery Court Denies Preliminary Injunction Based on Inadequate Disclosure in Merger Proxy Regarding Financial Analyses (and Other Matters)
Delaware Chancery Court Denies Preliminary Injunction Based on Inadequate Disclosure in Merger Proxy Regarding Financial Analyses (and Other Matters) From Kevin Miller of Alston & Bird: In this decision by Vice Chancellor Lamb, the Delaware Chancery Court denied a motion...
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