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Section 220 Request Delaware General Corporation Law Business Litigation

Cadwalader, Wickersham & Taft LLP

Delaware Court of Chancery Reaffirms Bar Against Discovery to Plead Demand Futility

On June 26, 2025, in In re The Boeing Co. Deriv. Litig., Vice Chancellor Morgan Zurn of the Delaware Court of Chancery ordered a stay of all discovery pending the Court’s resolution of Defendants’ motion to dismiss...more

Mayer Brown

A Matter Of Propriety: Delaware Courts Reject Books-and-Records Demand Driven by Ulterior Motive

Mayer Brown on

Section 220 demands are a commonly used tool for stockholders to gain access to a company’s books and records. Although this provision of the Delaware General Corporation Law vests stockholders with a right of access thereto,...more

Fox Rothschild LLP

Incorporation Condition In Confidentiality Agreement Upheld In Books And Records Action

Fox Rothschild LLP on

In the recent DGCL Section 220 books and records decision of The City of Cambridge Retirement System v. Universal Health Services, Inc., C.A. No. 2017-0322-SG (Del. Ch. Oct. 12, 2017), the Court of Chancery considered the...more

Morris James LLP

Court Of Chancery Stresses Importance Of Records Demand In Lead Counsel Battle

Morris James LLP on

When asked to choose the lead plaintiff and class counsel, the Court of Chancery applies the well-known Hirt factors. As this decision demonstrates, the Court also will place some significant weight on which of the competing...more

Morris James LLP

Court Of Chancery Holds That Wrong Forward Looking Statement Insufficient To Support Records Inspection

Morris James LLP on

It is not enough that certain forward-looking statements failed to come true to justify requiring an inspection of corporate records. More evidence of wrongdoing is needed if your inspection is based on a theory of...more

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