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OptimisCORP v. WAITE

C.A. No. 8773-VCP.

OPTIMISCORP, a Delaware corporation, ALAN MORELLI, and ANALOG VENTURES, LLC, Plaintiffs, v. JOHN WAITE, WILLIAM ATKINS, GREGORY SMITH, and WILLIAM HORNE, Defendants.

Court of Chancery of Delaware.

Decided: August 26, 2015.

Attorney(s) appearing for the Case

Anthony W. Clark, Esq. , Douglas D. Herrmann, Esq. , Amy C. Huffman, Esq. , Danielle K. Berster, Esq. , Ana Lucia Hurtado, Esq. , SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP, Wilmington, Delaware; Darius Ogloza, Esq. , OGLOZA FORTNEY LLP, San Francisco, California; Attorneys for Plaintiffs OptimisCorp, Alan Morelli, and Analog Ventures, LLC.

Stephen P. Brauerman, Esq. , Vanessa R. Tiradentes, Esq. , Sara E. Bussiere, Esq. , BAYARD, P.A., Wilmington, Delaware; Attorneys for Defendants John Waite, William Atkins, and Gregory Smith.

Bruce E. Jameson, Esq. , Eric J. Juray, Esq. , John G. Day, Esq. , PRICKETT, JONES & ELLIOTT, P.A., Wilmington, Delaware; Attorneys for Defendant William Horne.

MEMORANDUM OPINION

On October 20, 2012, the board of the plaintiff corporation, a company involved in providing physical therapy services and developing physical therapy-related software, met and voted to terminate the plaintiff CEO upon the advice of several attorneys. Previously, another attorney, an independent...

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