Highlight the Third Circuit’s adoption of the de novo standard of review in evaluating appeals of derivative litigation demand-futility decisions;
Explore the Sixth Circuit’s recognition of the applicability of the...more
9/4/2024
/ Acquisitions ,
Cryptocurrency ,
DE Supreme Court ,
Derivatives ,
Facebook ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
PSLRA ,
SCOTUS ,
Securities ,
Securities Act of 1933 ,
Securities Exchange Act of 1934
Delaware Supreme Court Articulates a New Standard for Demand Futility and Overturns Gentile v. Rosson - In the third quarter, two new cases from the Delaware Supreme Court altered the legal landscape of derivative actions...more
In Morris v. Spectra Energy Partners (DE) GP, LP,1 the Delaware Supreme Court clarified the test for determining when former equityholders have standing to pursue post-merger direct claims for a controller’s alleged failure...more
Key Takeaways -
Salzberg, et al. and Blue Apron Holdings, Inc., et al. v. Sciabacucchi, Case No. 346, 2019, 2020 WL 1280785 (Del. Mar. 18, 2020), is a landmark decision critically important to companies preparing...more
In a decision with important implications for directors of public companies, the Delaware Supreme Court overturned two Chancery Court opinions and ruled that independent directors facing breach of duty of care claims arising...more