Litigation

Recent Posts

Delaware Court Provides Instruction on When to Seek Discovery in Hedge Fund Case
Posted on 10 Jan 2012 by Francis G.X. Pileggi

Wimbledon Fund LP - Absolute Return Fund Series v. SV Special Situations Fund LP , C.A. No. 4780-CS (Del. Ch., Dec. 22, 2011), read letter ruling here . Read summaries of prior Delaware decisions in this matter here. This is the latest iteration of... Read More

Class Action Alleging Self-Interested Conversion From LP To LLC Certified In Delaware
Posted on 15 Nov 2011 by Francis G.X. Pileggi

Garrett v. Zon Capital Partners, L.P. , C. A. No. 5607-CS (Del. Ch., Nov. 10, 2011), read letter ruling here . Issue Addressed: Whether a motion for class certification should be granted pursuant to Court of Chancery Rule 23 in connection with a... Read More

Delaware Chancery Court Defers Decision On Application For Interim Fees In Class Action
Posted on 2 Aug 2011 by Francis G.X. Pileggi

In Frank v. Elgamal , C.A. No. 6120-VCN (Del. Ch. July 28, 2011), read letter ruling here , the Delaware Court of Chancery deferred making a decision on an application for interim fees in a class action challenging an acquisition. Issue Addressed ... Read More

More Than $660,000 In Attorney Fees Awarded By Delaware Chancery Court In 'Momentous' Decision
Posted on 2 Mar 2012 by Francis G.X. Pileggi

Auriga Capital Corp. v. Gatz Properties, LLC , is an iconic opinion from the Delaware Court of Chancery that was issued on Jan. 27, 2012 and highlighted on these pages here. This decision is momentous because it explains why fiduciary duties will apply... Read More

Delaware Chancery Court Issues 'Best Practices' To Handle Complex Procedural Issues
Posted on 18 Jan 2012 by Francis G.X. Pileggi

On January 13, 2012, the Court of Chancery issued non-binding guidelines or "best practices" to help lawyers and their parties handle common and sometimes complex procedural issues that arise in litigation before the Delaware Court of Chancery... Read More

Delaware Court Denies Temporary Restraining Order Based On Preliminary Injunction Standard
Posted on 30 Aug 2011 by Francis G.X. Pileggi

The below article first appeared on Aug. 24, 2011, in The Delaware Business Court Insider , here. The Delaware Court of Chancery decision that is the focus of the article was previously highlighted on this blog here. Litigation is fast-paced in the... Read More

Delaware Chancellor Enters $1.26 Billion Award In Shareholders' Derivative Lawsuit
Posted on 19 Oct 2011 by Kevin M. LaCroix

In an interesting October 14, 2011 post-trial opinion, Delaware Chancellor Leo Strine entered a $1.263 billion award in the Southern Peru Copper Corporation Shareholder Derivative Litigation. The lawsuit relates to Southern Peru's April 2005 acquisition... Read More

Delaware Chancery Court Addresses Attorney Fees After Stipulated Dismissal Of Derivative Action
Posted on 6 Apr 2012 by Francis G.X. Pileggi

Freedman v. Adams, C.A. No. 4199-VCN (Del. Ch. March 30, 2012). Issue Addressed The Court of Chancery addressed the standard for awarding attorneys' fees when there has been a stipulated dismissal of a derivative action which was largely mooted... Read More

Bevy Of New Lawsuits Filed in Delaware Chancery Court Over Forum Selection Bylaws
Posted on 9 Feb 2012 by Francis G.X. Pileggi

We typically focus on summarizing corporate and commercial decisions of Delaware's Supreme Court and Court of Chancery, but today we find noteworthy a bevy of new lawsuits just filed in the Delaware Court of Chancery. These new suits challenge bylaws... Read More

In Re Novell, Inc. Shareholder Litigation: Delaware Court Denies Interim Application For Fees In Class Action
Posted on 13 Sep 2011 by Francis G.X. Pileggi

In Re Novell, Inc. Shareholder Litigation , Cons. C. A. No. 6032-VCN (Del. Ch. Aug. 30, 2011). Read letter ruling here . Issue Addressed: Whether interim application for fees in class action should be deferred as premature. Short Answer: Yes. ... Read More

Free Download: The Work Product Doctrine in the Delaware Court of Chancery
Posted on 30 Nov 2010 by LexisNexis Litigation Resource Community Staff

In Hickman v. Taylor , the United States Supreme Court recognized a qualified immunity from discovery of a lawyer's work product prepared in connection with litigation. The Delaware Court of Chancery has embraced the work product doctrine as enunciated... Read More

Kevin F. Brady Comments On Delaware Court Of Chancery's 2011 E-Discovery Guidelines
Posted on 10 Mar 2011 by Francis G.X. Pileggi

Francis G.X. Pileggi The Delaware Court of Chancery's Guidelines Regarding the Preservation of Electronically Stored Information (ESI) were previously reviewed here on this blog, but now Kevin F. Brady of Connolly Bove Lodge & Hutz LLP in Wilmington... Read More