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Chancellor McCormick Provides Helpful Guidance on Pre-Suit Litigation Demands Under Delaware Law | Wilson Sonsini Goodrich & Rosati
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Chancery Tosses Most Claims In UpCounsel Sale Challenge
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Chancery Seems Skeptical Of UpCounsel Investor Claims
Law360 (March 4, 2021, 3:58 PM EST) A Delaware vice chancellor said Thursday she wasn t very persuaded by some arguments from an investor seeking derivative damages from the top figures of online legal services venture UpCounsel Inc., who the investor says licensed away the heart of the company without adequate disclosures before folding the business.
During a teleconference case dismissal hearing, Vice Chancellor Kathaleen S. McCormick pressed Ann M. Kashishian of Kashishian Law LLC, counsel for the investor, to explain arguments that UpCounsel s board acknowledged and actually acceded to some pre-suit demands from the stockholder despite allegations in the suit that demands would have been futile and were.