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Is Delaware Losing?

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"...

Duty of Disclosure

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. ...

Delaware State Law Insider Trading Claim against Kohlberg Kravis Roberts & Co. Allowed to Proceed

In re: 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 subscribers ]. Issue Addressed : Whether insider trading claim based on state law should be allowed to proceed despite motion to dismiss...