10 results for 'judge:"Fioravanti"'.
Vice Chancellor Fioravanti dismisses a derivative action on grounds that shareholders failed to make a pre-suit demand on the corporate board, then failed to demonstrate that demand had been excused as futile since half of the board was unable to consider such under the "Zuckerberg" test.
Court: Delaware Chancery Court, Judge: Fioravanti, Filed On: March 27, 2024, Case #: 2022-0261-PAF, Categories: Fiduciary Duty
Vice Chancellor Fioravanti dismisses a petition seeking assignment for the benefit of creditors, Delaware's bankruptcy alternative, because the assignee failed to comply with statutory mandates such as timely filing an asset inventory and retaining appraisers who procured appraisals without prior court order.
Court: Delaware Chancery Court, Judge: Fioravanti, Filed On: March 13, 2024, Case #: 2023-1294-PAF, Categories: Bankruptcy, Civil Procedure
Vice Chancellor Fioravanti confirms an arbitration award entered for investors whose equity interests had been improperly diluted, their pro-rata distributions skimmed, and their interests repurchased based on a flawed valuation, as the arguments do not favor vacatur.
Court: Delaware Chancery Court, Judge: Fioravanti, Filed On: January 26, 2024, Case #: 2022-0414-PAF, Categories: Arbitration
Vice Chancellor Fioravanti strikes portions of a complaint obtained from a biotechnology company's privileged or confidential communications pertaining to its purchase of a former subsidiary. That the complaint was filed under seal did not somehow legitimize the dissemination of privileged and confidential information.
Court: Delaware Chancery Court, Judge: Fioravanti, Filed On: January 16, 2024, Case #: 2023-1045-PAF, Categories: Privilege
Vice Chancellor Fioravanti grants Venezuela's state-owned oil company the right to a replacement stock certificate for its shares in a Delaware holding company that owns one of the largest operating petroleum refiners in the U.S. The holding company lacked good cause to decline the issuance as long as the oil company posts an unsecured bond of $10,000.
Court: Delaware Chancery Court, Judge: Fioravanti, Filed On: November 28, 2023, Case #: 2023-0778-PAF, Categories: Securities
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Vice Chancellor Fioravanti finds that actions taken at a special meeting, including the removal of directors, was voided by the failure to provide notice. However, a tender offer made by the company's subsidiary on the parent was valid, and so the subsidiary validly removed and replaced the board.
Court: Delaware Chancery Court, Judge: Fioravanti, Filed On: September 29, 2023, Case #: 2022-0107-PAF, Categories: Corporations
Vice Chancellor Fioravanti finds post-trial that a pharmaceutical company's former employee misappropriated trade secrets in order to develop like drugs at his new company, which in turn aided and abetted breaches of fiduciary duty committed by the employee. All four "Broz" factors were satisfied in finding that the employee usurped a corporate opportunity to develop three drugs.
Court: Delaware Chancery Court, Judge: Fioravanti, Filed On: September 1, 2023, Case #: 2021-0210-PAF, Categories: Trade Secrets, Fiduciary Duty
Vice Chancellor Fioravanti denies corporate directors a preliminary injunction seeking to stop a company from holding the 2023 edition of the annual stockholders meeting because irreparable injury was not demonstrated; instead, injury had been self-inflicted due to failed strategy.
Court: Delaware Chancery Court, Judge: Fioravanti, Filed On: June 14, 2023, Case #: 2023-0477-PAF, Categories: Elections, Injunction
Vice Chancellor Fioravanti finds that an investment fund failed to prove that a company in which it invested breached the operating agreement by twice amending the agreement without authorization. By granting the company power of attorney to vote as its proxy, the investment firm also granted the company authority to amend the operating agreement.
Court: Delaware Chancery Court, Judge: Fioravanti, Filed On: May 31, 2023, Case #: 2019-0408-PAF, Categories: Contract