Barry M Klayman

March 08, 2017 | Delaware Business Court Insider

U.S. Bankruptcy Judge Christopher S. Sontchi has held that absent specific language in a debtor-in-possession financing order, a carve-out for a fixed dollar amount for professional fees does not serve as a cap on the amount of fees to which a professional may be entitled once a Chapter 11 plan is confirmed.

By Barry M. Klayman and Mark E. Felger

13 minute read

February 08, 2017 | Delaware Business Court Insider

In a case of first impression in Delaware, Vice Chancellor J. Travis Laster held that directors of a corporation, plaintiffs in a defamation action, were public figures for the limited purpose of election-related communications among the company's investors.

By Barry M. Klayman and Mark E. Felger

15 minute read

January 18, 2017 | Delaware Business Court Insider

Bankruptcy Judge Laurie Selber Silverstein has granted the post-confirmation motion of a trustee of trusts created pursuant to the debtors' plan of reorganization to examine third parties regarding the cause of the debtors' financial collapse under Federal Rule of Bankruptcy Procedure 2004.

By Barry M. Klayman and Mark E. Felger

16 minute read

December 21, 2016 | Delaware Business Court Insider

In a decision with implications that extend beyond bankruptcy, Bankruptcy Judge Christopher S. Sontchi refused to order an email service provider to turn over the contents of a private email account after the owner of the account evaded service and failed to comply with several discovery orders.

By Barry M. Klayman and Mark E. Felger

15 minute read

November 09, 2016 | Delaware Business Court Insider

U.S. Bankruptcy Judge Brendan Shannon of the District of Delaware recently decided two issues of first impression in this circuit: first, a class-action waiver provision in an arbitration agreement between an employer and an employee violates the National Labor Relations Act (NLRA), and second, an opt-out provision in an arbitration agreement containing a provision that violates the NLRA does not save the arbitration agreement.

By Barry M. Klayman and Mark E. Felger

13 minute read

October 12, 2016 | Delaware Business Court Insider

In In re Reichhold Holdings US, Inc., Case No. 14-12237 (MFW) (Bankr. Del., Aug. 24), Bankruptcy Judge Mary F. Walrath upheld the validity of a vendor's administrative claim for its reclamation rights under Section 546(c) of the Bankruptcy Code as against a post-petition DIP lender.

By Barry M. Klayman and Mark E. Felger

13 minute read

September 07, 2016 | Delaware Business Court Insider

Bankruptcy Judge Mary F. Walrath found in a recent case that she lacked jurisdiction over claims for breach of fiduciary duty brought by a liquidating trustee against former managers and officers of Chapter 11 debtors.

By Barry M. Klayman and Mark E. Felger

11 minute read

August 10, 2016 | Delaware Business Court Insider

In In re Pacific Sunwear of California, Case No. 16-10882 (LSS) (Bankr. D. Del. June 22, 2016), U.S. Bankruptcy Judge Laurie Selber Silverstein of the District of Delaware granted a motion for leave to file a class proof of claim. In so doing, she rejected an argument by the debtors that class claims are impermissible in bankruptcy cases.

By Barry M. Klayman and Mark E. Felger

13 minute read

July 06, 2016 | Delaware Business Court Insider

U.S. Bankruptcy Judge Kevin J. Carey of the District of Delaware has denied a creditor's motion to dismiss the voluntary bankruptcy petition of a Delaware limited liability company filed in contravention of a provision in its operating agreement that required the unanimous consent of all members, including the creditor, to commence a bankruptcy case.

By Barry M. Klayman and Mark E. Felger

15 minute read

June 08, 2016 | Delaware Business Court Insider

Recent newspaper stories recount how a billionaire Silicon Valley entrepreneur secretly financed a lawsuit to put Gawker out of business.

By Barry M. Klayman and Mark E. Felger

14 minute read