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Is the writing on the wall for the shareholder principle? Privilege update in Hong Kong

The concept of the “shareholder principle” in English law provides that a company cannot assert privilege against its own shareholders, unless the privileged documents in...


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...

Insights and Analysis

Is the writing on the wall for the “shareholder principle”?

The concept of the “shareholder principle” in English law (also known as the rule in Sharp v Blank [2015] EWHC 2681, in which case the principle was applied) provides that a...


UK Government introduces Bill to reverse UK Supreme Court PACCAR ruling

The Bill is intended to restore the previous status quo in which litigation funding agreements were distinct from damages-based agreements and were not required to comply with additional...


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...


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...


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...


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...


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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