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Searching Content indexed under Litigation, Mediation & Arbitration by K&L Gates ordered by Published Date Descending.
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Chancery Court Dismisses Breach Of Fiduciary Claims Following The Closing Of A Merger Involving Insider Side Deals
In Alan Kahn v. Michael D. Stern, et al., C.A. No. 12498-VCG (Del. Ch. Aug. 28, 2017), the Delaware Chancery Court granted a motion to dismiss the stockholder plaintiff's claims...
United States
9 Oct 2017
2
Too Many Cooks In The Kitchen – Deadlocked Management Leads To LLC Dissolution
In In re GR BURGR, LLC, C.A. No. 12825-VCS (Aug. 25, 2017), the Delaware Court of Chancery exercised its power under Section 18-802 of the Delaware Limited Liability Company Act to effect...
United States
2 Oct 2017
3
Chancery Court Dismisses Breach Of Contract And Fiduciary Duty Claims Brought Under An Unenforceable Contract
In Eagle Force Holdings, LLC v. Campbell, No. 10803-VCMR (Del. Ch. Ct. September 1, 2017), the Court of Chancery dismissed plaintiffs' breach of contract and fiduciary duty claims against the...
United States
28 Sep 2017
4
Chancery Court Dismisses Breach Of Contract Claim Due To Plaintiff's Failure To Proffer A Reasonable Construction Of Merger Agreement Provision
In Fortis Advisors LLC v. Shire US Holdings, Inc., No. 12147-VCS (Del. Ch. Aug. 9, 2017), the plaintiff, Fortis Advisors LLC, which was acting as representative (the "Representative") for the former stockholders...
United States
28 Sep 2017
5
Court Of Chancery Finds Personal Jurisdiction Over Out-Of-State Trust Due To Trustor's Involvement In The Formation Of Delaware LLC
In Terramar Retail Centers, LLC v. Marion #2-Seaport Trust U/A/D/ June 21, 2002, Civil Action No. 12875-VCL (Del. Ch. August 18, 2017)...
United States
28 Sep 2017
6
Chancery Court Dismisses Stockholders' Breach Of Fiduciary Duty And Aiding And Abetting Claims Relating To Stock-For-Stock Merger
In In re MeadWestvaco Stockholders Litigation, the defendants moved to dismiss class action claims brought by stockholders of MeadWestvaco Corporation for breach of fiduciary duty and aiding and abetting claims...
United States
28 Sep 2017
7
Chancery Court Holds That Express Merger Provisions Prevail Over Alleged Extra-Contractual Misrepresentations
In Sparton Corporation v. Joseph F. O'Neil et al., the Delaware Court of Chancery granted the defendants' motion to dismiss in its entirety because the plaintiff failed to state a claim for fraud and breach of contract.
United States
28 Sep 2017
8
Chancery Court Dismisses Stockholders' Breach Of Fiduciary Duty And Aiding And Abetting Claims Relating To Stock-For-Stock Merger
In In re MeadWestvaco Stockholders Litigation, the defendants moved to dismiss class action claims brought by stockholders of MeadWestvaco Corporation (the "Company")...
United States
22 Sep 2017
9
Court Of Chancery Finds Personal Jurisdiction Over Out-Of-State Trust Due To Trustor's Involvement In The Formation Of Delaware LLC
In Terramar Retail Centers, LLC v. Marion #2-Seaport Trust U/A/D/ June 21, 2002, Civil Action No. 12875-VCL (Del. Ch. August 18, 2017), the Delaware Court of Chancery denied an out-of-state...
United States
20 Sep 2017
10
Judge Or Jury?: The Federal Circuit Holds That Patent Litigants Do Not Have A Seventh Amendment Right To A Jury Trial On Attorneys' Fees
In AIA America, Inc. v. Avid Radiopharmaceuticals, the Federal Circuit considered whether the Seventh Amendment provides the right to a jury trial to determine entitlement to attorneys' fees.
United States
19 Sep 2017
11
Chancery Court Declines To Dismiss Fiduciary Claims Arising From A Self-Tender Offer
In Buttonwood Tree Value Partners L.P., et al. v. R.L. Polk & Co., Inc., et al., the Delaware Chancery Court denied, in part, a motion to dismiss claims for breach of the fiduciary duty of loyalty..
United States
18 Sep 2017
12
Court Imposes Adverse Inference For Failure To Preserve Non-Party's Text Messages Within Defendants' "Control"
In this case, the court imposed an adverse inference against certain defendants for their failure to preserve text messages in the possession of a non-party, where the court found that...
United States
18 Sep 2017
13
Criminal Trade Mark Offences To Also Apply To Grey Market Goods In UK
In a positive decision for brand owners, the UK Supreme Court has confirmed that criminal trade mark offences can apply to the sale and distribution of grey market goods in addition to counterfeit goods.
UK
13 Sep 2017
14
A Game-Changer For Industrial And Commercial Leasing? 'Business-To-Business' Services And The 'Ultimate Consumer' Test
A recent decision of the Court of Appeal has potentially far reaching implications for industrial and commercial leasing practice in Victoria.
Australia
7 Sep 2017
15
Court: Production Of Hard Copy Versions Of Documents Also Kept As ESI Does Not "Run Afoul" Of Rule 34
In this case, Plaintiff sought to compel native/electronic production of documents previously produced in hard copy.
United States
6 Sep 2017
16
Chancery Court Denies Motion To Dismiss And Allows Derivative Suit Against Board Members To Continue
In H&N Management Group, Inc. & Aff Cos Frozen Money Purchase Plan v. Robert M. Couch et al., No. 12847-VCMR (Del. Ch. Ct. August 1, 2017), the Court of Chancery denied defendants' motion to dismiss and ...
United States
6 Sep 2017
17
District Court Denies Class Certification In TCPA Case; Finds No Injury Possible Where Call Recipients Consented To Calls, Even If Consent Not In Writing
In ruling on defendant's motion to strike the class allegations, and plaintiffs' cross-motion to certify a proposed class, Judge Gettleman first analyzed the four requirements of Federal Rule of Civil Procedure 23.
United States
4 Sep 2017
18
In Statutory Merger Appraisal Proceeding, Chancery Court Declines Use Of The Discounted Cash Flow Analysis To Determine Fair Value And Upholds Deal Price As Best Indicator Of Fair Value
In In Re Appraisal of PetSmart, Inc., C.A. No. 10782-VCS (Del. Ch. May 26, 2017), the Delaware Court of Chancery confirmed in a statutory appraisal proceeding that the fair value of the shares...
United States
4 Sep 2017
19
Guidance For Policyholders In The Claims Context: The Insurer's Duty To Speak
It is widely recognised that insurers are not under a general duty to warn policyholders about the need to comply with policy conditions during the claims process.
UK
4 Sep 2017
20
Unclean Hands And Unreasonable Demands — Chancery Court Holds That Plaintiff's Fiduciary Duty Claims Fail Due To Doctrine Of Unclean Hands
In Thomas McKenna, et al., v. David Singer, et al., the Delaware Court of Chancery relied on the doctrine of unclean hands to rule against the McKennas, a father and son team of would-be energy...
United States
24 Aug 2017
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