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2024 Securities, Shareholder, and M&A Litigation Outlook

In the latest edition of our Securities, Shareholder, and M&A Litigation Outlook for 2024, we analyze key developments from 2023 and discuss how the most important cases from Delaware...

Published Works

Keeping a watchful eye on the Corporate Compliance Program rule breakers Daily Journal

In this new article in the Daily Journal, the authors analyze the impact and potential benefits of the 2023 revisions to the DOJ’s Corporate Enforcement Policy and Evaluation of...

News

Q4 2023 Quarterly Corporate / M&A decisions updates

This quarter, Delaware courts issued several notable opinions in unique contexts. For example, in a rare reversal, the Delaware Supreme Court rejected the Court of Chancery’s use of...

News

Lebanon County v. Collis: Delaware Supreme Court reverses dismissal of Caremark claims

In Lebanon County Employees’ Retirement Fund v. Collis, the Delaware Supreme Court reversed the Delaware Court of Chancery’s dismissal of Caremark claims against the directors...

News

Pietrasik v. Kraus Hamdani Aerospace: Despite Plaintiff’s “Rancor,” Delaware Court Grants 220 Demand

After a de novo review of the record following a Magistrate in Chancery’s final report, Vice Chancellor Fioravanti of the Delaware Court of Chancery declined to accept the...

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Segway, Inc. v. Cai – Delaware Chancery Court reaffirms Caremark bad faith requirement

In Segway, Inc. v. Cai, the Delaware Court of Chancery dismissed a breach of fiduciary duty claim for failure to allege “sufficient facts to support a reasonable inference that the...

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Texas Pacific: Following Trial, Delaware Court Rules Investors Violated Stockholders Agreement

In Texas Pacific Land Corporation v. Horizon Kinetics LLC, the Delaware Court of Chancery ruled in a post-trial opinion that investors violated a stockholders agreement by failing to vote...

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Agencies issue guidance on delayed SEC reporting of material cybersecurity incidents

Since December 18, 2023 public companies other than smaller reporting companies are required to report a cybersecurity incident under Item 1.05 of Form 8-K within four business days after...

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Newman v. KKR: Suit dismissed by Delaware Chancery Court for failure to plead demand futility

In Newman v. KKR, the Delaware Court of Chancery dismissed a shareholder suit against Transphorm, Inc.’s Board and KKR, the largest shareholder, for failure to plead demand futility....

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