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EMAK WORLDWIDE, INC. v. KURZ

No. 512, 2011.

50 A.3d 429 (2012)

EMAK WORLDWIDE, INC., Defendant Below Appellant, v. Donald A. KURZ and Sems Diversified Value, LP, Plaintiffs Below Appellees, and Bouchard Margules & Friedlander, P.A., Appellee.

Supreme Court of Delaware.

Decided: April 17, 2012.

Attorney(s) appearing for the Case

Kenneth J. Nachbar (argued) and Shannon E. German , Morris, Nichols, Arsht & Tunnell LLP, Wilmington, Delaware for appellant EMAK Worldwide, Inc.

Andre G. Bouchard and Joel Friedlander (argued), Bouchard Margules & Friedlander, P.A., Wilmington, Delaware for appellee Bouchard Margules & Friedlander, P.A.

Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices.

STEELE, Chief Justice:

Delaware law rewards plaintiffs' attorneys who provide a benefit to a Delaware corporation, even if the benefit does not produce immediate monetary rewards. Preserving shareholder voting rights, for example, produces a non-monetary benefit. The Vice Chancellor made an interim fee award of $2.5 million to plaintiff's attorneys, after the Court of Chancery's decision in Kurz v. Holbrook2 and our decision in...

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