News & Analysis as of

Indemnification Breach of Contract Motion to Dismiss

Hogan Lovells

Blue Cube Spinco v. Dow Chemical: Indemnification allegation sufficient for breach of contract claim - Quarterly Corporate / M&A...

Hogan Lovells on

In Blue Cube Spinco LLC v. The Dow Chemical Company, C.A. No. N21C-01-214 PRW CCLD (Del. Sup. Ct. Sept. 29 2021), the Delaware Superior Court found that an M&A buyer had adequately alleged breach of contract claims for a...more

Morris James LLP

Chancery Dismisses Unripe Contribution Claim but Finds That Corporate Director and Officer Adequately Pled Right to...

Morris James LLP on

Wunderlich v. B. Riley Fin., Inc. et al., C.A. No: 2020-0453-PAF (Del. Ch. Mar. 24, 2021) - Delaware corporations may provide indemnification rights to their directors and officers either through the corporation’s...more

Farrell Fritz, P.C.

Pleading Equitable vs. Contractual Indemnification

Farrell Fritz, P.C. on

Can a claim for equitable or common-law indemnification co-exist with a claim for express or contractual indemnification? In Live Invest, Inc. v. Morgan Justice Emerson says “no”, when the claim seeks to recover for the...more

Orrick - Finance 20/20

Court Grants in Part and Denies in Part Nomura’s Motion to Dismiss Trustee Repurchase Action

Orrick - Finance 20/20 on

On July 18, Justice Marcy Friedman of the New York County Supreme Court, Commercial Division, granted in part and denied in part Nomura Credit & Capital Inc.’s motion to dismiss claims brought by HSBC, as Trustee for the NAAC...more

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