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Federal Rule 12(b)(6) Shareholder Litigation

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - December 2021

This quarter’s issue includes summaries and associated court opinions of selected cases decided in August and September 2021. Appraisal Rights - Delaware Supreme Court Enforces Sophisticated Investors’ Waiver of Appraisal...more

Fox Rothschild LLP

Supreme Court Gets Down To Business—Business Court Cases, That Is

Fox Rothschild LLP on

With the reworking of N.C.G.S. § 7A-27 to provide a direct appeal to the Supreme Court of North Carolina from certain orders of the North Carolina Business Court, it was expected that our State’s highest court would start...more

Thomas Fox - Compliance Evangelist

A Rift in the Space Time Continuum in a FCPA-Related Shareholder Lawsuit

A rift in the space time continuum is similar to a tear in fabric, thereby creating a disconnect in this timeline. This is certainly what we saw in the district court’s opinion in EMPLOYEES RETIREMENT SYSTEM OF THE CITY OF...more

Morris James LLP

Court of Chancery Dismisses Derivative Action for Failure to Plead Demand Futility

Morris James LLP on

A cardinal principle of Delaware law is that directors manage the business and affairs of a Delaware corporation. This includes decisions regarding whether to pursue claims against officers and directors whose breach of duty...more

Morris James LLP

Chancery Analyzes Limits of 'Reasonable Conceivability'

Morris James LLP on

In 2011, the Delaware Supreme Court in Central Mortgage v. Morgan Stanley Mortgage Capital Holdings, 27 A.3d 531, 537 (Del. 2011), unequivocally stated that the "pleading standard in Delaware to survive a motion to dismiss is...more

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