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Court of Chancery Approves a Cox Communications Settlement of Two Actions; Reduces Attorneys’ Fee Award to $10 million

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In | On January 31, 2010

Brinckerhoff v. Texas Eastern Products Pipeline Co., LLC, C.A. Nos. 2427-VCL, 4548-VCL (Del. Ch. Jan. 15, 2010), read opinion here. In a consolidated matter, the Court of Chancery approved a settlement and reduced the request from plaintiffs’ counsel for fees and expenses from $19.5 million to $10 million for two actions related to a transaction and […]

Delaware Court of Chancery Dismisses Dow Shareholders’ Derivative Claims Regarding Rohm and Haas Acquisition for Failure to Plead Demand Futility

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In | On January 17, 2010

On January 11, 2010, a year after a major corporate battle between the Dow Chemical Company (“Dow”) and Rohm & Haas Company (“ROH”) regarding a $19 billion merger, Chancellor Chandler dismissed derivative claims including Caremark-type allegations against Dow’s current directors and officers for failure to adequately plead demand futility under Court of Chancery Rule 23.1. […]

Delaware Supreme Court Settles Split of Authority Regarding Contracts Under Seal

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In | On December 28, 2009

In a matter of first impression, the Delaware Supreme Court in Whittington v. Dragon Group, L.L.C., No. 392, 2009 (Del. Dec. 18, 2009), in a divided decision, resolved a split of authority in the Delaware trial courts regarding the requirements necessary to prove specialty contracts or contracts under seal. Read opinion here. The decision appealed from […]

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