Alena Smith

Jan 22, 2025 | jdsupra.com | Albert Manwaring |Alena Smith

Gilbert v. Unisys Corp., C.A. No. 2023-0513-PAF (Del. Ch. Aug. 13, 2024) In this decision, the Court of Chancery held that the plaintiffs were entitled to advancement of legal fees and expenses from their former employer. The plaintiffs were former employees hired as Vice Presidents. The plaintiffs argued that because they were officers of the company, they were entitled to advancement under the company’s bylaws.

Dec 19, 2024 | jdsupra.com | Alena Smith

Hyde Park Venture Partners Fund III, L.P. v. FairXchange, LLC, C.A. No. 2022-0344-JTL (Del. Ch. July 30, 2024)In this post-trial appraisal decision, the Court of Chancery determined the fair value of a privately-held startup corporation, and ultimately defaulted to the deal price as the “least bad” method. The Court first noted that determining the fair value of the company was challenging because it was privately held, and no trading price was available to assess fair value.

Dec 10, 2024 | jdsupra.com | Albert Manwaring |Alena Smith

Pope v. Hycroft Mining Holding Corp., C.A. No. 2022-0957-LWW (Del. Ch. July 9, 2024)In this decision, the Court of Chancery found the plaintiffs could not press class claims if they also pursue related individual claims. The Court also found that class and derivative claims cannot be litigated pro se. Here, one of the plaintiffs brought two suits arising under the same facts: an individual action and also a putative class action.

Jun 21, 2024 | jdsupra.com | Albert Manwaring |Alena Smith

Malkani v. Cunningham, C.A. 2020-1004-SG (Del. Ch. Feb. 28, 2024)In this decision involving a contractual fee-shifting provision, both parties argued that they were entitled to fee-shifting as the prevailing parties. The Court held that the prevailing party was the party who succeeded in the overall litigation. The underlying litigation involved the enforcement of a contract between a private investor and a Delaware LLC.

Apr 26, 2024 | jdsupra.com | Albert Carroll |Albert Manwaring |Alena Smith

Palkon v. Maffei, C.A. 2023-0449-JTL (Del. Ch. Feb. 20, 2024)This decision arose out of TripAdivor’s conversion from a Delaware corporation into a Nevada corporation. The company’s CEO and Chair had voting control and approved the conversion. The board did not condition the transaction on special committee approval or a majority of the minority stockholder vote.