Corporate

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“Dead Hand Proxy Puts” Garner Increased Stockholder Scrutiny In Delaware
Posted on 11 Jun 2015 by Robin Shea

by John Stigi , John Landry and Robin Achen A ruling last fall by the Delaware Chancery Court has prompted a wave of 8 Del. C. § 220 [ an annotated version of this statute is available to lexis.com subscribers ] books and records inspection demands... Read More

Delaware Court of Chancery Orders Trial on Section 220 Claim for Books and Records
Posted on 4 Aug 2011 by Francis G.X. Pileggi

The Delaware Court of Chancery yesterday denied a Motion to Dismiss a shareholder's demand for books and records of a company based on DGCL Section 220. The Court ruled that the issue of whether this action was an attempt to circumvent the stay... Read More

Kevin Brady Discusses Rights of Shareholders Seeking Inspection of Corporate Books and Records
Posted on 15 Jun 2012 by Corporate and Securities Law Community Staff

Kevin Brady of Eckert Seamans Cherin & Mellott, LLC, discusses "Inspecting Corporate Books and Records in a Digital World: The Role of Electronically Stored Information," which he co-authored with Francis G.X. Pileggi and Jill Agro and appears... Read More

Court of Chancery Appoints Receiver as Remedy for Contempt in Books and Records Action
Posted on 22 Feb 2012 by Francis G.X. Pileggi

Jagodzinski v. Silicon Valley Innovation Company LLC , C.A. No. 6203-VCP (Del. Ch. Feb. 14, 2012). Issue Addressed The issue addressed in this case was whether the Court of Chancery should grant a Motion for Contempt and for the Appointment of... Read More

Delaware Court of Chancery Interprets Proper Purpose for DGCL Section 220 Demand
Posted on 26 Feb 2014 by Francis G.X. Pileggi

Caspian Select Credit Master Fund Ltd. v. Key Plastics Corp . , C.A. No. 8624-VCN (Del. Ch. Feb. 24, 2014) [ an enhanced version of this opinion is available to lexis.com subscribers ]. Practical Insights on Decision : This Chancery opinion is one... Read More

Chancery Denies Motion to Compel Supplemental Section 220 Production Due to Post-Trial Developments
Posted on 13 Feb 2012 by Francis G.X. Pileggi

Amalgamated Bank v. NetApp, Inc., C.A. No. 6772-VCG (Del. Ch. Feb. 6, 2012). Issue Addressed Whether supplement documents should be produced to comply with post-trial determination pursuant to DGCL Section 220 that books and records must be... Read More

Court Refuses to Dismiss Caremark Claims; Touts Benefits of Pre-Complaint Section 220 Books and Records Action in Demand Futility Analysis
Posted on 30 May 2013 by Kevin F. Brady

In Re China Agritech, Inc. Shareholder Derivative Litigation , C.A. No. 7163-VCL (Del. Ch. May 21, 2013) [ an enhanced version of this opinion is available to lexis.com subscribers ]. Issue Addressed : Whether a complaint that fails to plead that... Read More

Chancery Rejects Books and Records Demand under DGCL Section 220
Posted on 31 May 2011 by Francis G.X. Pileggi

Graulich v. Dell, Inc . (Del. Ch. May 16, 2011). What this case is about: This Court of Chancery opinion involved a demand by a shareholder for books and records of Dell, Inc. for the ostensible purpose of enabling him to investigate possible... Read More

Wal-Mart Saga Ends in Delaware; Plaintiff Loses Bid for More Section 220 Documents
Posted on 11 May 2015 by Francis G.X. Pileggi

As Frank Reynolds of Thomson Reuters reports, the long-running effort of a stockholder to obtain additional documents from Wal-Mart in a Section 220 proceeding appears to have reached a conclusion , though it may still be the subject of second appeal... Read More

Section 220 Demand Granted for Investigation of Subsidiary
Posted on 29 Apr 2015 by Francis G.X. Pileggi

Oklahoma Firefighters’ Pension & Retirement System v. Citigroup, Inc ., C.A. No. 9587-ML (VCN) (Del. Ch. Apr. 24, 2015) [ an enhanced version of this opinion is available to lexis.com subscribers ]. This Delaware Court of Chancery opinion... Read More

Chancery Limits Restrictions on Confidentiality of Section 220 Production
Posted on 6 Jan 2015 by Francis G.X. Pileggi

The Ravenswood Investment Company, L.P. v. Winmill & Co. Incorporated , C.A. No. 7048-VCN (Del. Ch. Dec. 31, 2014) [ an enhanced version of this opinion is available to lexis.com subscribers ]. This Chancery ruling limited the number of years that... Read More

“Dead Hand Proxy Puts” Garner Increased Stockholder Scrutiny In Delaware
Posted on 11 Jun 2015 by Sheppard Mullin

by John Stigi , John Landry and Robin Achen A ruling last fall by the Delaware Chancery Court has prompted a wave of 8 Del. C. § 220 [ an annotated version of this statute is available to lexis.com subscribers ] books and records inspection demands... Read More

Delaware Court of Chancery Dismisses Section 220 Suit Filed After Derivative Suit
Posted on 8 Dec 2011 by Francis G.X. Pileggi

Central Laborers Pension Fund v. News Corp. , C.A. No. 6287-VCN (Del. Ch. Nov. 30, 2011), read letter ruling here . In this case involving a request for books and records under DGCL Section 220, the Court dismissed the suit as duplicative of a parallel... Read More