This quarter we are covering some key court decisions regarding securities and corporate governance issues. The U.S. Supreme Court reaffirmed a majority of lower court decisions to require traceability in defining the term...more
In Lee v. Fisher, No. 21-15923 (9th Cir. 2023), an en banc panel of the U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s dismissal of a shareholder derivative action against The Gap, Inc. Plaintiff...more
M&A and shareholder litigation is off to a busy start in 2023, with Delaware courts issuing several interesting opinions. The Delaware Supreme Court reversed a Delaware Court of Chancery decision, finding that the “maximum...more
In re Mindbody Inc., Stockholder Litigation, C.A. No. 2019-0442-KSJM (Del. Ch. Mar. 15, 2023), the Delaware Court of Chancery held that a CEO breached his fiduciary duties by taking steps the court found tilted a merger sale...more
In this past year, we saw an uptick in in-person court proceedings as the effects of the pandemic subsided, a decrease in pandemic-related litigation, and a return to many of the core issues facing Delaware companies...more
4/25/2023
/ Acquisitions ,
Caremark claim ,
Cybersecurity ,
Delaware General Corporation Law ,
Derivative Suit ,
Freeze-Out Mergers ,
Mergers ,
Popular ,
Securities and Exchange Commission (SEC) ,
Shareholder Litigation ,
Special Purpose Acquisition Companies (SPACs)
Below is our Corporate / M&A decisions update covering decisions in the fourth quarter of 2022. This update is designed to highlight selected important M&A, corporate, and commercial court decisions on a quarterly basis....more
In Joseph Lawrence Ligos v. Isramco, Inc., et al., C.A. No. 2020-0435-SG (Del. Ch. Nov. 30, 2022), the Delaware Court of Chancery granted a motion to dismiss a shareholder class action complaint alleging that the members of...more