The Delaware Court of Chancery, in Todd O’Gara, et al. v. Sheldon Coleman, et al. [Wanu Water], C.A. No. 2018-0708-KSJM, memo. op. (Del. Ch. Feb. 14, 2020), dismissed breach of fiduciary duty claims alleging that a director acted disloyally based on correspondence between stockholders and the board that was critical of and allegedly disparaged plaintiff controller, finding the correspondence instead reflected concern for the company.

NEW:  K&L Gates discusses the decision in Attempt to Seize Control of a Beverage Company?  Court of Chancery Finds Insufficient Evidence of Civil Conspiracy.

Morris James discusses the decision in Chancery Addresses Civil Conspiracy Elements.

Frank Reynolds discusses the decision in Chancery finds failure to allege conspiracy means dismissal of ex-director and his foreign firms.

$$$ Bloomberg Law discusses the decision in Wanu Water Founder Loses Conspiracy Claims Against Board Member.

$$$ Law360 discusses the decision in Ex-Wanu Water CEO’s Conspiracy Suit Tossed In Chancery.