Ellen Bardash

In addition to addressing questions raised by U.S. District Judge Sparkle L. Sooknanan, this week's filings proposed revising the agreement to align it with a recent SEC rule change.

The trial before Vice Chancellor J. Travis Laster is scheduled to begin Monday morning, continue through Wednesday, then conclude with a final day of trial on Friday.

Last month, the Court of Chancery released a series of civility guidelines that Chancellor Kathaleen St. J. McCormick called a reminder of what makes the court “one of the most collegial places to litigate in the country.” And the court hasn’t hesitated to put on the record when counsel isn’t meeting Delaware’s standards.

Robbins Geller Rudman & Dowd, Keller Rohrback and VanOverbeke, Michaud & Timmony represent a shareholder retirement fund in the lawsuit filed June 12 in the Western District of Washington.

During argument Wednesday afternoon, counsel for IsZo Capital LP, which held about 20% of Emisphere's stock before the 2020 merger, claimed IsZo could have recovered as much as $20 million more if the Court of Chancery had allowed it to opt out of the settling class of shareholders and instead take its case to trial.

The complaint brings breach of fiduciary duty, corporate waste, unjust enrichment and Exchange Act violation claims against Uber's 10 directors and three additional officers.

Valihura, who spent 25 years as a corporate litigator at Skadden, Arps, Slate, Meagher & Flom before she became the second woman ever to serve as a justice on the Supreme Court, said stepping down from the court is a bittersweet moment of both endings and new beginnings. She'll be teaching law in her life and career after the bench.

The lawsuit alleges Five Below attributed its declining financial results, which were first disclosed in June 2024, to shrinkage from in-store theft rather than its merchandising practices.

The decision that decertified the class in Delaware federal court was filed Tuesday by Third Circuit Judge Stephanos Bibas, sitting by designation, and marks a victory for the team of McGuireWoods and Young Conaway Stargatt & Taylor attorneys representing Global Plasma Solutions Inc.

The partial reversal benefits appellees Tomales Bay Capital Anduril III LP, Tomales Bay Capital Anduril III GP LLC and Iqbaljit Kahlon, represented by Kirkland & Ellis and Ross Aronstam & Moritz.