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Delaware Supreme Court Clarifies Indemnification Notice Requirements in M&A Escrow Dispute

The Delaware Supreme Court recently issued a significant decision in Thompson Street Capital Partners IV, L.P. v. Sonova United States Hearing Instruments, LLC, clarifying the importance of strict compliance with...more

Delaware Court of Chancery Invalidates Noncompete Provision Found in Typical Sponsor Equity Documents

In Weil Holdings II, LLC, v. Jeffrey Alexander, DPM, the Delaware Court of Chancery struck down a noncompete provision contained in the LLC agreement of a sponsor-backed portfolio company, finding the provision unreasonable...more

Fiduciary Duty Of Disclosure Does Not Apply To Individual Transactions With Equityholders

In Dohmen v. Goodman, the Delaware Supreme Court declined to impose an affirmative fiduciary duty of disclosure on a general partner arising out of the general partner’s solicitation of capital contributions from a limited...more

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