NEXT

Barry M Klayman

Barry M Klayman

October 14, 2015 | Delaware Business Court Insider

Chancery Rejects Controller's Conspiracy Claims

The recent decision by Vice Chancellor Donald F. Parsons Jr. garnered much attention for his finding that the plaintiffs' conduct was "prejudicial to the administration of justice" and had undermined the integrity of the proceedings.

By Barry M. Klayman and Mark E. Felger

7 minute read

October 14, 2015 | Delaware Business Court Insider

Chancery Rejects Controller's Conspiracy Claims

The recent decision by Vice Chancellor Donald F. Parsons Jr. garnered much attention for his finding that the plaintiffs' conduct was "prejudicial to the administration of justice" and had undermined the integrity of the proceedings.

By Barry M. Klayman and Mark E. Felger

7 minute read

September 09, 2015 | Delaware Business Court Insider

Advancement Claims Not Entitled to Priority in LLC Receivership

Do the advancement rights of directors and officers have priority over the rights of creditors to the assets of a limited liability company in receivership?

By Barry M. Klayman and Mark E. Felger

6 minute read

September 09, 2015 | Delaware Business Court Insider

Advancement Claims Not Entitled to Priority in LLC Receivership

Do the advancement rights of directors and officers have priority over the rights of creditors to the assets of a limited liability company in receivership?

By Barry M. Klayman and Mark E. Felger

6 minute read

August 12, 2015 | Delaware Business Court Insider

Forum Selection Clause Held Waiver of Removal Right

A forum selection clause in an agreement provides that the parties "irrevocably consent to exclusive jurisdiction and venue of the state and federal courts in the state of Delaware."

By Barry M. Klayman and Mark E. Felger

5 minute read

August 12, 2015 | Delaware Business Court Insider

Forum Selection Clause Held Waiver of Removal Right

A forum selection clause in an agreement provides that the parties "irrevocably consent to exclusive jurisdiction and venue of the state and federal courts in the state of Delaware."

By Barry M. Klayman and Mark E. Felger

5 minute read

July 07, 2015 | Delaware Business Court Insider

Derivative Standing in Bankruptcy Proceedings

In In re Optim Energy LLC (Walnut Creek Mining v. Cascade Investment LLC), Civ. No. 14-738-LPS (D. Del. Mar. 13, 2015), U.S. District Judge Leonard P. Stark of the District of Delaware considered an appeal from the bankruptcy court's denial of a creditor's motion for derivative standing.

By Barry M. Klayman and Mark E. Felger

7 minute read

July 07, 2015 | Delaware Business Court Insider

Derivative Standing in Bankruptcy Proceedings

In Civ. No. 14-738-LPS (D. Del. Mar. 13, 2015), U.S. District Judge Leonard P. Stark of the District of Delaware considered an appeal from the bankruptcy court's denial of a creditor's motion for derivative standing.

By Barry M. Klayman and Mark E. Felger

7 minute read

June 10, 2015 | Delaware Business Court Insider

Section 220 Demand Doesn't Extend to Non-employee Directors' Private Email

In In re Lululemon Athletica 220 Litigation, 220 Litigation, C.A. No. 9039-VCP (Del. Ch. April 30, 2015), Vice Chancellor Donald F. Parsons Jr. held the defendant corporation in a books-and-records action under 8 Del. C. Section 220 did not have to search its non-employee directors' personal email accounts for documents.

By Barry M. Klayman and Mark E. Felger

7 minute read

June 10, 2015 | Delaware Business Court Insider

Section 220 Demand Doesn't Extend to Non-employee Directors' Private Email

In220 Litigation, C.A. No. 9039-VCP (Del. Ch. April 30, 2015), Vice Chancellor Donald F. Parsons Jr. held the defendant corporation in a books-and-records action under 8 Del. C. Section 220 did not have to search its non-employee directors' personal email accounts for documents.

By Barry M. Klayman and Mark E. Felger

7 minute read