Barry M Klayman

February 02, 2022 | Delaware Business Court Insider

At common law, before the directors could sell all the assets of a healthy corporation, they had to obtain unanimous stockholder approval. The unanimity requirement gave rise to holdout problems, where a minority of stockholders could block a transaction.

By Barry M. Klayman and Mark E. Felger

8 minute read

January 12, 2022 | Delaware Business Court Insider

The Supreme Court held that the trustee should be substituted for the nominal defendant and realigned as the plaintiff in the Chancery Action to enable him to pursue the derivative claims previously asserted by the plaintiff in the Chancery Action.

By Barry M. Klayman and Mark E. Felger

8 minute read

December 08, 2021 | Delaware Business Court Insider

The vested rights doctrine allows a property developer to proceed with a project under the rules and regulations in place at the time that its rights vested, despite subsequent changes to the law.

By Barry M. Klayman and Mark E. Felger

8 minute read

November 03, 2021 | Delaware Business Court Insider

Superior Court Judge Paul R. Wallace addressed two issues raised by subpoenas issued pursuant to foreign letters rogatory: whether the Superior Court or the foreign court should hear disputes concerning the propriety and scope of the subpoenas, and whether to shift costs from the nonparty to the party requesting the discovery.

By Barry M. Klayman and Mark E. Felger

6 minute read

October 06, 2021 | Delaware Business Court Insider

From 2006 through 2012, FedEx carriers delivered "an infinitesimal percentage" of packages containing untaxed, unstamped cigarettes to New York residents. Enforcement actions followed, and in 2018, FedEx settled the actions by paying $35.3 million and agreeing to several internal reforms.

By Barry M. Klayman and Mark E. Felger

8 minute read

September 01, 2021 | Delaware Business Court Insider

Chancery Rule 4(d) specifies how service of a summons and complaint shall be made and specifies the manner of personal service upon various classes of defendants. Rule 4(d)(7) allows for an order directing a different or an additional mode of service of a summons in a special case.

By Barry M. Klayman and Mark E. Felger

7 minute read

August 04, 2021 | Delaware Business Court Insider

It is a well-established ethical principle that, in general, a lawyer who represents a client in a litigated matter may not also appear as a witness in the same matter, whether for or against the client.

By Barry M. Klayman and Mark E. Felger

7 minute read

June 30, 2021 | Delaware Business Court Insider

What law determines whether a "business trust" may be an eligible debtor under Chapter 11? There is a split of authority as to whether the law of the jurisdiction in which the trust resides or federal common law controls.

By Barry M. Klayman and Mark E. Felger

7 minute read

June 02, 2021 | Delaware Business Court Insider

The Supreme Court approved the Court of Chancery's reliance on a 17-year old opinion by then Vice Chancellor Leo Strine in Milford Power v. PDC Milford Power, 866 A.2d 738 (Del. Ch. 2004).

By Barry M. Klayman and Mark E. Felger

7 minute read

May 05, 2021 | Delaware Business Court Insider

The statute does not define what constitutes a "deposit." In In re Superior Air Charter, Case No. 20-11007 (CSS) (Del. Bankr. April 9, 2021), Chief Judge Christopher Sontchi had to decide whether prepayments for future airplane flights were deposits within the meaning of the statute.

By Barry M. Klayman and Mark E. Felger

7 minute read