John Armour, Bernie Black, and Brian
Cheffins have a new paper, Is Delaware Losing
its Cases? that argues Delaware may well be losing its competitive edge
with respect to corporate litigation. They focus their research on what
Wachtell's Ted Mirvis has called the "Anywhere But Chancery"...
Recent decisions of the Delaware courts have clarified the
remedies for breaches of the duty of disclosure. The duty of disclosure owed by
directors to stockholders is not a separate fiduciary duty, but instead an
application of the duties of care and loyalty. In In re Transkaryotic
Therapies, Inc. ...
Primedia, Inc., Shareholders Litigation , Cons., C.A. No. 6511-VCL (Del.
Ch. May 10, 2013) [ an enhanced version of this opinion is available to lexis.com
Issue Addressed :
Whether insider trading claim based on state law should be allowed to proceed
despite motion to dismiss...