October 14, 2015 | Delaware Business Court Insider
Chancery Rejects Controller's Conspiracy ClaimsThe 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 ClaimsThe 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 ReceivershipDo 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 ReceivershipDo 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 RightA 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 RightA 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 ProceedingsIn 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 ProceedingsIn 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 EmailIn 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 EmailIn220 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
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