Delaware Business Court Insider | Commentary
By Sarah Delia | May 24, 2023
Corporate boards and investors alike will benefit from an understanding of the principles articulated in this ruling, as well as from careful consideration of the steps that can be taken to alter the joint client rule or to guard against a privilege waiver resulting from the production and use of privileged information in litigation.
The Legal Intelligencer | Commentary
By Edward T. Kang | May 18, 2023
Not all indemnification and advancement rights are created equal. While many companies provide broad and mandatory advancement rights to covered persons, some companies provide permissive advancement rights.
The Legal Intelligencer | Commentary
By Matthew McCloskey and Simone Fair | May 10, 2023
In the common conception, the doctrine of negligence per se holds individuals or organizations automatically liable for the violation of a statute or regulation. The discerning practitioner should be aware of the many jurisdictions in which this general principle is subject to numerous exceptions, distinctions and subtleties.
Delaware Business Court Insider | Commentary
By Molly DiBianca and Robert T. Hoban | May 10, 2023
On April 23, Delaware became the 22nd state in the country to legalize marijuana for recreational use. With the passage of the new law, Delaware employers face new challenges and questions. This article is intended to offer some answers.
Daily Business Review | Commentary
By Heather Woods | May 8, 2023
All lawyers should be mindful of this recent shift, especially those whose practice involves advising on corporate conduct and misconduct, including those admitted to practice in Florida—given the significant number of Florida companies registered in Delaware and Florida's legal history of following Delaware precedent.
Delaware Business Court Insider | Commentary
By Mark E. Felger and Simon E. Fraser | May 3, 2023
The Delaware bankruptcy court ruled that a plaintiff need not explicitly plead its "due diligence" in investigating its preference cause of action. Rather, a general allegation under Federal Rule of Civil Procedure 9(c) that "all conditions precedent have occurred" suffices.
Delaware Business Court Insider | Commentary
By Sean M. Brennecke | April 19, 2023
In In re Dissolution of T&S Hardwoods KD, Vice Chancellor Morgan T. Zurn provided helpful guidance on what must be alleged to satisfy that test for purposes of overcoming a motion to dismiss.
Delaware Business Court Insider | Commentary
By Elizabeth A. Sloan | April 19, 2023
In the 120-page opinion for In re Mindbody, Chancellor Kathaleen McCormick throws shade on Corwin, finding Mindbody's sales process run by Richard Stollmeyer—founder and then-CEO—was not cleansed by Corwin and holding him and Mindbody's private equity acquirer, Vista Equity Partners, liable.
Delaware Business Court Insider | Commentary
By Lawrence J. Kotler | April 12, 2023
In a recent decision in the case of SC SJ Holdings v. Pillsbury Winthrop Shaw Pittman (In re SC SJ Holdings), Civil Action No., 22-00689 (MN), the U.S. District Court for the District of Delaware (the court) affirmed a May 12, 2012, decision of the U.S. Bankruptcy Court for the District of Delaware (the Bankruptcy Court) denying the debtors' motion for relief from certain releases contained in their confirmed plan (the plan).
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | April 12, 2023
In Hyde Park Venture Partners Fund III v. Fairxchange, the Delaware Court of Chancery reaffirmed the joint client concept of corporate privilege and held that the company could not assert privilege against a former director or his designating investor except as to a books and records demand in which the company and the director were contemporaneously adverse.
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