# Optimiscorp v. Waite

> Supreme Court of Delaware · April 25, 2016 · 137 A.3d 970

URL: https://www.frixlaw.com/law-library/cases/4970516

## Case

- **Full name:** OPTIMISCORP, a Delaware corporation, Alan Morelli, and Analog Ventures, LLC, Below-Appellants/Cross-Appellees v. John WAITE, William Atkins, Gregory Smith, and William Horne, Below-Appellees/Cross-Appellants
- **Court:** Supreme Court of Delaware
- **Decided:** April 25, 2016
- **Citations:** 137 A.3d 970; 2016 Del. LEXIS 254; 2016 WL 2585871
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4970516

## How later opinions describe it (automated extraction)

- explaining that a director has “an unremitting obligation to deal candidly with fellow directors” (internal quotation marks omitted)
- noting that Delaware “value[s] the collaboration that comes when the entire board deliberates on corporate action and when all directors are fairly accorded material information”
- noting a trial court sitting as fact- finder “may not set damages based on mere ‘speculation or conjecture’ where a plaintiff fails to adequately prove damages.” (quoting Beard Rsch., Inc. v. Kates, 8 A.3d 573, 613 (Del. Ch. 2010))
- holding directors are entitled to advance notice of the agenda for a special meeting

## Opinion text

Court Below: Court of Chancery of the State of Delaware, C.A. No. 8773-VCP
AFFIRMED. DENIED.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4970516. Public record. Not legal advice.