Supreme Court of Delaware

Alaska Electrical Pension, Fund, Plaintiff Intervenor, Below Appellant v. Stephen L. Brown, Crady Family Trust…

January 14, 20102010 Del. LEXIS 18

Summary

The Supreme Court affirmed the denial of Alaska’s request for attorneys’ fees and costs because the defendants rebutted the presumption that Alaska’s litigation caused the increase in the tender-offer price from $100 to $109 per share. The court also affirmed the denial of Alaska’s motion to compel three emails because the Court of Chancery properly applied the fact-specific at-issue exception to attorney-client privilege, and Alaska failed to preserve any challenge based on later deposition testimony.