Barry M Klayman

August 07, 2019 | Delaware Business Court Insider

In In re Old BPSUSH, U.S. Bankruptcy Judge Kevin J. Carey resolved a dispute over control of attorney-client and work product privileges applicable to information generated in an investigation conducted on behalf of the corporate debtor’s former audit committee.

By Barry M. Klayman and Mark E. Felger

8 minute read

July 03, 2019 | Delaware Business Court Insider

In Shareholder Representative Services v. RSI Holdco, Vice Chancellor Kathleen McCormick addressed the question of when a buyer may use the acquired company's privileged, pre-merger attorney-client communications in post-closing litigation against the seller?

By Barry M. Klayman and Mark E. Felger

7 minute read

June 05, 2019 | Delaware Business Court Insider

In Jalbert v. Flanagan (In re F-Squared Investment Management), the trustee of a liquidating trust sought to avoid bonus payments by the debtors as fraudulent conveyances.

By Barry M. Klayman and Mark E. Felger

7 minute read

May 08, 2019 | Delaware Business Court Insider

Until recently, there were no cases definitively addressing the scope of Section 18-111's fifth jurisdictional category.

By Barry M. Klayman and Mark E. Felger

7 minute read

April 03, 2019 | Delaware Business Court Insider

In a recent letter opinion, Tratado de Libre Commercio v. Splitcast Technology, C.A. No. 2019-0014-JRS (Del. Ch. March 6), Vice Chancellor Joseph Slights addressed the issue of how to perfect service upon a dissolved limited liability company (LLC).

By Barry M. Klayman and Mark E. Felger

6 minute read

March 13, 2019 | Delaware Business Court Insider

Central to this post-trial opinion is his discussion regarding the contours of the “line of business” test and the need to apply the concept flexibly and sensibly when determining whether a corporation has an interest in a line of business.

By Barry M. Klayman and Mark E. Felger

8 minute read

February 20, 2019 | Delaware Business Court Insider

In a recent case, Master in Chancery Patricia W. Griffin recommended that the Court of Chancery grant a creditor's motion for summary judgment and order the entry of personal and in rem judgments against its debtors based on a finding that the undisputed facts gave rise to an enforceable equitable mortgage.

By Barry M. Klayman and Mark E. Felger

6 minute read

January 16, 2019 | Delaware Business Court Insider

A recent opinion by Vice Chancellor Tamika Montgomery-Reeves illustrates the pitfalls in not specifically addressing the scope of “mutual general releases” when agreeing to settle litigation.

By Barry M. Klayman and Mark E. Felger

6 minute read

December 19, 2018 | Delaware Business Court Insider

In CapStack Nashville 3 v. MACC Venture Partners, Vice Chancellor Sam Glasscock III considered whether equity had jurisdiction to entertain a temporary restraining order that would have the effect of a prior restraint on speech.

By Barry M. Klayman and Mark E. Felger

6 minute read

November 07, 2018 | Delaware Business Court Insider

Two recent decisions by separate judges of the Delaware Bankruptcy Court have addressed the question of whether persons providing services to debtors relating to the disposition and monetization of inventory, real estate, intellectual property and other estate assets are “professionals” and must be retained under the strictures of Section 327(a) of the Bankruptcy Code.

By Barry M. Klayman and Mark E. Felger

7 minute read