Deepening Insolvency: Developments for Directors

Deepening insolvency first appeared as a theory of damages. It rapidly expanded into an independent cause of action that threatened directors and officers of insolvent companies. Then, almost as rapidly, many courts abandoned it. Once seen as a potent plaintiff device for suits against officers and directors,1 deepening insolvency—in the latest stage of its evolution—has faded…

Stone et al. v. Ritter et al.

In Stone v. Ritter, the Delaware Supreme Court affirmed the Court of Chancery’s dismissal of a complaint bringing a stockholders’ derivative action against fifteen current and former directors of AmSouth Bancorporation (“AmSouth”), a Delaware corporation.

Recent IP Developments

In the last few months, the United States District Court for the District of Delaware has issued a number of decisions of note in the intellectual property area.