Skadden Prevails in Advancement Action for Former Officers

On December 2, the Delaware Court of Chancery issued a post-trial ruling enforcing Skadden clients Brett Lay and Brian Mass’ right to advancement of their attorneys’ fees and other expenses incurred in defending claims currently pending before the Superior Court of California in San Francisco County. On behalf of our clients, we first defeated a motion to dismiss or stay in deference to the California action. The Court of Chancery subsequently held a trial and, in its bench ruling, agreed with our arguments, fully enforcing Mr. Lay and Mr. Mass’ advancement rights as we had requested. The court also found that Mr. Lay and Mr. Mass were entitled to fees-on-fees for having to enforce their advancement rights in the Court of Chancery.