In Frontline Techs. Parent, LLC v. Murphy (Aug. 23, 2023), the Delaware Court of Chancery rejected enforcement of former employees’ noncompetition restrictions because the agreement language did not prohibit competition with...more
In a previous alert, we discussed the Delaware Court of Chancery’s decision in In re Mindbody, Inc. Stockholders Litigation. In the decision, the court declined to dismiss breach of fiduciary duty claims against the chief...more
Pamela Palmer, James Levine, Howard Privette and Samantha Burdick of Troutman Pepper Hamilton Sanders LLP discuss California’s newly enacted board diversity law and the legal challenges it faces.
Originally published in...more
The COVID-19 pandemic has resulted in dramatic shifts in the way many companies operate. A recent spate of government restrictions have closed or limited nonessential businesses, and, although they vary by state, many of...more
On April 6, Delaware Gov. John Carney issued the Tenth Modification of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat (Emergency Order), arising from the COVID-19 epidemic. ...more
A recent spate of government restrictions that have closed or limited nonessential businesses has raised a number of questions about how to reduce or shift the risks of closures in the future. ...more
A director’s duty to make a good faith effort to oversee the operations and management of a Delaware company is well-established. In a recent case, Marchand v. Barnhill, the Delaware Supreme Court provided guidance to boards...more
7/18/2019
/ Blue Bell Creameries ,
Board of Directors ,
Breach of Duty ,
Business Operations ,
Caremark claim ,
Controlling Stockholders ,
DE Supreme Court ,
Derivative Suit ,
Dismissals ,
Fiduciary Duty ,
Food and Drug Administration (FDA) ,
Food Contamination ,
Food Manufacturers ,
Food Recalls ,
Good Faith ,
Liability ,
Listeria ,
Manufacturing Facilities ,
Oversight Duties ,
Reversal ,
Risk Management
In a first-of-its-kind post-trial opinion, the Court of Chancery ruled on October 1 in Akorn, Inc. v. Fresenius Kabi AG, C.A. No. 2018-0300-JTL, that German pharmaceutical company Fresenius Kabi AG had properly terminated its...more
In DFC Global Corp. v. Muirfield Value Partners, L.P. (Aug. 1, 2017), the Delaware Supreme Court issued its highly anticipated ruling on the determination of fair value in statutory appraisal cases. The court held that the...more
New amendments affect Delaware general partnerships, limited liability partnerships, limited partnerships and limited liability companies.
On July 24, Delaware Governor Jack Markell signed into law several amendments to...more
Delaware corporations should evaluate their certificates of incorporation or bylaws in light of new amendments to the Delaware General Corporation Law.
On June 24, Delaware Governor Jack Markell signed Senate Bill 75...more
A recent decision by the Delaware Supreme Court provides independent directors, such as special committee members, with the ability to escape protracted fiduciary duty litigation during its initial stages. The court’s...more