Ma-litigation.sidley.com

Boeing Case Highlights Risk For Health, Life Sciences Boards

WebThe Boeing case is the latest in a series of cases stemming from the Delaware Chancery Court’s decision In re: Caremark International Inc. Derivative Litigation in 1996. …

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URL: https://ma-litigation.sidley.com/2021/10/boeing-case-highlights-risk-for-health-life-sciences-boards/

Magellan Health: A New North Star for Mootness Fee Disputes …

WebThe path to a mootness fee is well-worn. A stockholder plaintiff sues alleging that a company’s disclosures or other decisions were inadequate or improper. The …

Category: Health Go Health

In Case of Emergency, Break Glass: Litigation and Drafting …

WebThe Delaware Chancery Court recently issued an opinion that confirms the difficulty of successfully invoking a “Material Adverse Effect” (“MAE”) clause in a merger …

Category: Health Go Health

Don’t Go It Alone

WebLast month, Vice Chancellor Glasscock dismissed shareholder claims in Teamsters Local 443 Health Services & Insurance Plan v.John C. Chou (Del. Ch. Nov. …

Category: Health Go Health

Best Practices for Minute-Taking: Three Lessons from Recent …

WebBest Practices, Caremark, Demand Futility, Derivative Litigation. As has been frequently noted on this page, the Delaware Supreme Court’s landmark 2019 decision, …

Category: Health Go Health

Environmental, Social, and Governance Disclosures in Proxy …

Web1 There is also a push among some nongovernmental standard-setting organizations — TCFD, SASB, and GRI included — to create uniform global …

Category: Health Go Health

A Delaware Section 220 Checklist: Seven Cases Every Practitioner …

WebSalberg v. Genworth Fin., Inc., C.A. No. 2017-0018-JRS, 2017 WL 3499807 (Del. Ch. July 27, 2017): Salberg presents the unique circumstance where plaintiffs levy …

Category: Health Go Health

Contractarian Principles Carry the Day in De-SPAC Merger Dispute

WebAs previously covered in this blog, the recent increase in litigation arising out of de-SPAC mergers has left some open questions as to how courts will apply traditional …

Category: Health Go Health

The Line Between Speculation and Expectation in Damages: …

WebIn a recent decision, Vice Chancellor Will refused to award expectation damages based on a buyer’s “speculative” synergistic cash flow resulting from a merger. …

Category: Health Go Health

General Counsel’s Natural Habitat: Delaware Court of Chancery …

WebThe Delaware Court of Chancery recently interpreted the Delaware Limited Liability Company Act’s (“LLC Act”) provision for service on any “person” who …

Category: Health Go Health

Bear Market For Plaintiffs’ Liquidity-Based Conflict Allegations

WebThe plaintiff, a former Genomic stockholder, “pulled out all stops to implicate either entire fairness review or Revlon enhanced scrutiny in order to survive dismissal,” …

Category: Health Go Health

What’s Cooking When It Comes to Enforcing Business Conduct …

WebIn Shareholder Representative Services LLC v.Albertsons Cos., the Delaware Court of Chancery denied a motion to dismiss claims that a buyer intentionally avoided …

Category: Health Go Health

Delaware Court of Chancery Addresses Officer Oversight …

WebIn a January 25, 2023 opinion (In re McDonald’s Corp. Stockholder Derivative Litig., C.A. No. 2021-0324-JTL), the Delaware Court of Chancery clarified that corporate officers’ …

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To Bond Or Not To Bond: Enforceability Of Contractual Waivers Of …

WebParties to commercial agreements often include provisions that seek to remove or limit potential roadblocks to injunctive relief in the event of a breach. A recent …

Category: Health Go Health

Beware “Lite” Reasoning: Delaware Vice Chancellor Refuses to …

WebA recent Delaware Court of Chancery decision offers an important lesson on the limits of court review of an arbitration award, particularly when parties forego a fully …

Category: Health Go Health

Oklahoma Law Cannot Supplant a Delaware Choice-of-Law …

WebThose agreements selected Delaware as their governing law; as the court observed, Delaware law would generally enforce such covenants, while Oklahoma law …

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No Participation Trophy: Court of Chancery Shifts Fees For Failure …

WebChancellor McCormick, of the Delaware Court of Chancery, recently was presented with the following question: If an indemnification provision in a purchase …

Category: Health Go Health

Court of Chancery Dismisses Director Oversight Claims Related to

WebIn a March 1, 2023 opinion (In re McDonald’s Corp. Stockholder Derivative Litig., C.A. No. 2021-0324-JTL), the Delaware Court of Chancery dismissed duty of oversight claims …

Category: Health Go Health

Con Ed Uncertainty: Court of Chancery Questions Enforceability of

WebIn an October 31, 2023 decision sure to spook practitioners, the Court of Chancery called into doubt the enforceability of “Con Ed provisions.” Con Ed provisions, …

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