On March 24, 2011, the EEOC issued final regulations to implement the ADAAA which become effective June 24, 2011.

On January 21, 2011, the Court of Chancery issued Reis v. Hazelett Strip-Casting Corp., a post-trial decision regarding the fairness of a reverse stock split and the resulting injury to the minority stockholders.

Judge Robinson Denies Motion to Stay In Belden Technologies, Inc. & Belden CDT (Canada) Inc. v. Superior Essex Communications LP & Superior Essex Inc., C.A. No. 08-63-SLR (D. Del. Sept. 2, 2010), Judge Robinson denied Defendants’ motion to stay. After this action was commenced, Defendants filed requests for reexamination of many of the patents-in-suit, and the…

Judge Robinson Denies Motion for Summary Judgment of Infringement In Intermec Technologies Corp. v. Palm Inc., C.A. No. 07-272-SLR (D. Del. Sept. 14, 2010), Judge Robinson denied Intermec Technologies’ motion for summary judgment of infringement, but granted summary judgment of validity against most of Palm Inc.’s anticipation defenses. Intermec sued Palm for infringing two groups of…

Magistrate Judge Thynge Allows Plaintiff’s Trial Counsel to Participate in Amending Plaintiff’s Claims on Reexamination In Xerox Corp. v. Google, Inc., C.A. No. 10-136-LPS (D. Del. Sept. 8, 2010), Magistrate Judge Thynge adopted Plaintiff’s proposed language for a permanent protective order and held that Plaintiff’s trial counsel, who had previous exposure to Defendants’ confidential information, could…

Marking the latest chapter in the attempt of Air Products and Chemicals, Inc. to acquire Airgas, Inc., the Court of Chancery ruled for defendant Airgas.

In In re Del Monte Foods Company Shareholders Litigation, the Court of Chancery found on a preliminary record that a proposed $5.3 billion cash merger (including assumption of debt) with a group of private equity buyers was potentially tainted by alleged misconduct by the target banker, with the alleged knowing participation of the buyers.

In recent months, the Delaware courts have addressed important issues for Delaware corporations and their advisors.

The Court of Chancery in In re Art Technology Group, Inc. Shareholders Litigation enjoined a merger until the target company disclosed to its stockholders additional information about its financial advisor’s prior work for the buyer. In Steinhardt v. Howard-Anderson the Court of Chancery applied the enhanced Revlon standard of review to a stockholder’s motion to preliminarily enjoin the acquisition of Occam Networks, Inc. by Calix, Inc. whereby Occam stockholders would receive cash and stock consideration.

This article describes the impetus for the nonstock amendments and explains the structure and nuances of those amendments.