In the last year, Delaware courts have issued several notable opinions that further define—and in some cases expand—the scope of liability for failures of oversight at a corporation. Claims by shareholders that one or more...more
What You Need to Know in a Minute or Less - An earn-out provision is a common provision in an acquisition agreement that makes a portion of the purchase price contingent on satisfaction of certain post-closing targets or...more
WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - The food and beverage industry faces increasing scrutiny of its Environmental Social and Governance (ESG) practices. Individual consumers have grown increasingly concerned about the...more
Background - Delaware has seen a significant uptick in the number of assignment for the benefit of creditors (ABC) filings. Through recent decisions, the Court of Chancery has sent a strong message that it expects parties...more
BACKGROUND - This month, a Delaware federal jury determined that Illumina, Inc. (Illumina) willfully infringed two DNA sequencing patents owned by Complete Genomics, Inc. (CGI), while also invalidating three Illumina patents...more
On 28 April 2022, the Securities and Exchange Commission (SEC) filed suit against Vale S.A. (Vale), a publicly traded Brazilian mining company and one of the world’s largest iron ore producers, alleging that Vale had made...more
I. Background - The Honorable Colm F. Connolly, of the United States District Court for the District of Delaware, recently issued a series of three standing orders that affect patent cases filed in the District. ...more
In April, 2022, the Delaware Superior Court’s Complex Commercial Litigation Division answered a novel question in Delaware law: “When the consideration to be paid on a contract is in cryptocurrency and the contract is...more
In a derivative action In re Boeing Company Derivative Litigation, Boeing’s stockholders obtained approval from the Delaware Court of Chancery for a landmark US$237.5 million settlement of derivative claims targeting the...more
3/25/2022
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Boeing ,
Books & Records ,
Caremark claim ,
Corporate Counsel ,
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Derivative Suit ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Section 220 Request ,
Settlement ,
State and Local Government