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Delaware Supreme Court applies business judgment rule in litigation claiming speculative benefits to the board

The Supreme Court of Delaware reversed the Court of Chancery's application of the entire fairness standard to a company's decision to redomesticate. In the proceedings below, the minority shareholders of TripAdvisor, Inc. and...more

Court of Chancery rules that supermajority voting provision did not apply to conversion

In Gunderson v. The Trade Desk, Inc., the Delaware Court of Chancery held that a company’s conversion pursuant to Section 266 of the Delaware General Corporation Law (DGCL) did not require a supermajority vote because that...more

No breach of fiduciary duty where directors approved merger that stripped common stock of its value

In Jacobs v. Akademos, the Delaware Chancery Court ruled that a cash-out merger that provided common shareholders in a privately held corporation, Akademos, Inc., with no value was nonetheless entirely fair. This decision...more

Gandhi-Kapoor v. Hone Capital, LLC: Court issues US$1,000-a-day Order to Enforce Advancement Order

In Gandhi-Kapoor v. Hone Capital, LLC, No. 2022-0881-JTL (Del. Ch. July 19, 2023), the Delaware Court of Chancery held respondents Hone Capital LLC and certain related companies in contempt for failing to either object to or...more

Holifield v XRI: Delaware Supreme Court reinforces primacy of freedom of contract for LLC agreements

In Holifield v. XRI Investment Holdings LLC, No. 407, 2022 (Del. Sept. 7, 2023), the Delaware Supreme Court affirmed the lower court’s determination that the defendant violated XRI Investment Holdings’ LLC agreement when he...more

Delaware Supreme Court reverses US$690 million judgment in Boardwalk Pipeline Partners

In Boardwalk Pipeline Partners, L.P. v. Bandera Master Fund, LP, 288 A.3d 1083 (Del. 2022), the Delaware Supreme Court reversed a Delaware Court of Chancery decision that had awarded nearly US$690 million to plaintiffs....more

Quarterly Corporate / M&A Decisions Update: Q4 2018

This update is designed to highlight selected important M&A, corporate and commercial court decisions on a quarterly basis. The update contains brief summaries of each decision with links to more robust discussions. ...more

Quarterly Corporate / M&A Decisions Update: Q3 2018

This update is designed to highlight selected important M&A, corporate and commercial court decisions on a quarterly basis. The update contains brief summaries of each decision with links to more robust discussions. ...more

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