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November 09, 2023 | Delaware Business Court Insider

Laster Set to Make 'Very Tough Call' on Fox Derivative Case Leadership

Attorneys from two camps both sides voiced their thoughts on why their complaint makes a stronger argument and how their attorneys have a greater chance of working cooperatively in the breach of fiduciary duty litigation.
4 minute read
November 07, 2023 | New York Law Journal

Discovery Stay Under Federal Securities Litigation Statute Applies in State Court as Well: First Dept.

The New York appeals court decision takes a different tack from a recent decision out of California.
3 minute read
Appellate Division, First Department: November 6, 2023
Publication Date: 2023-11-06
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:November 2, 2023

October 27, 2023 | Delaware Business Court Insider

'Basic Rules' Broken in SAP-Silver Lake Deal, Qualtrics Investors Say

The shareholder plaintiffs allege that SAP and its Qualtrics directors weren't upfront about Silver Lake Group proposing a purchase of either SAP's Qualtrics shares or Qualtrics entirely.
3 minute read
October 18, 2023 | Delaware Business Court Insider

Precedent Dismissing Voting Rights Cases 'Falls Far Short,' Attorney for Fox, Snap Shareholders Says

The right to sue, a Bernstein Litowitz partner argued, is implied in every Delaware charter, referencing how in the past the court has analogized charters with contracts, which frequently have implied terms that can be binding.
4 minute read
Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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In re Straight Path Commc'ns Inc. Consol. Stockholder Litig.
Publication Date: 2023-10-16
Practice Area: Corporate Governance
Industry: Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys:
For plaintiff: Ned Weinberger, Mark Richardson, Labaton Sucharow LLP, Wilmington, DE; Jeroen van Kwawegen, Edward G. Timlin, Eric J. Riedel, Bernstein Litowitz Berger & Grossmann LLP, New York, NY for plaintiff.
For defendant: Rudolf Koch, Kevin M. Gallagher, Daniel E. Kaprow, John M. O’Toole, Richards, Layton & Finger, P.A., Wilmington, DE; Thomas Uebler, McCollom D’Emilio Smith Uebler LLC, Wilmington, DE; Jason Cyrulnik, Paul Fattaruso, Matthew Henken, Cyrulnik Fattaruso LLP, New York, NY for defendants.
Case number: 2017-0486-SG

Although controlling stockholder breached fiduciary duties by using his position to cause company to release an indemnification claim, the minority stockholders were only entitled to nominal damages due to significant obstacles to enforcing the claim which resulted in the release consideration being worth more than the company likely would have recovered attempting to enforce the claim.

October 04, 2023 | Law.com

Law Firm Mergers Targeting California: The Morning Minute

The news and analysis you need to start your day.
4 minute read
September 22, 2023 | Litigation Daily

Litigator of the Week Runners-Up and Shout Outs

Bernstein Litowitz and Kessler Topaz were co-lead counsel in a $450 million securities settlement finalized last week with The Kraft Heinz Company and 3G Capital partners in a case stemming from major write-downs on the Kraft and Oscar Mayer brands post-merger.
6 minute read
September 20, 2023 | Delaware Business Court Insider

Shareholders Attorney Says Delaware Shouldn't Adopt West Virginia Federal Court's Finding in Chancery 'Caremark' Case Over Opioids

A national issue should not be governed by a decision in a lawsuit involving one city and county government in West Virginia.
4 minute read
September 19, 2023 | Delaware Business Court Insider

Proxy Statement for Proposed Paratek Pharmaceuticals Acquisition Contained Misleading Info, Lawsuit Claims

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read

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