Ellen Bardash

August 31, 2023 | Delaware Business Court Insider

Both Purdue Pharma and the Boy Scouts of America have approved plans that release the claims of third parties without requiring those parties' consent. In both cases, objectors say bankruptcy courts don't have the authority to approve plans that include that type of release.

By Ellen Bardash

5 minute read

August 29, 2023 | Delaware Business Court Insider

"In total, between the audit committee's single meeting and the board's single brief meeting, Amazon's directors likely devoted barely an hour before blindly signing off on funneling (redacted) of Amazon's money to Bezos' unproven, struggling rocket company," the complaint states.

By Ellen Bardash

4 minute read

August 28, 2023 | Delaware Law Weekly

"The governor's health emergency excuse does not hold water because the Revolutionary War founders of Delaware and their ancestors experienced and well understood the threat of countless deaths by malaria, smallpox epidemic, bubonic plague, and other deadly diseases," said plaintiffs' co-counsel Thomas Crumplar of Wilmington.

By Ellen Bardash

4 minute read

August 28, 2023 | Delaware Law Weekly

It's not the first rejection Newsmax has faced in the court, with Davis denying a motion for judgment on the pleadings in the Smartmatic case in February and in June 2022 declining to grant Newsmax's motion to dismiss claims brought by U.S. Dominion Inc. in its separate defamation case.

By Ellen Bardash

3 minute read

August 24, 2023 | Delaware Business Court Insider

If the court ultimately issues a judgment on the question of law raised in the case, it could signal to Delaware corporations at large how sweeping a corporate opportunity waiver is allowed to be.

By Ellen Bardash

3 minute read

August 23, 2023 | Delaware Business Court Insider

Sullivan & Cromwell partner Brian Glueckstein said the sheer volume of claims involved in the case—around nine million in total—makes it a candidate for keeping smaller settlements moving without court oversight as a way of avoiding spending more time and money than necessary.

By Ellen Bardash

4 minute read

August 18, 2023 | Delaware Law Weekly

Plea negotiations have stalled, eliminating the need to proceed in Delaware as previously agreed, the government said.

By Ellen Bardash

3 minute read

August 17, 2023 | Delaware Business Court Insider

Historically, it's been a rarity for a defendant to win once the notoriously stringent entire fairness has been applied as the standard of review in a Chancery case. But that may be changing.

By Ellen Bardash

5 minute read

August 15, 2023 | Delaware Business Court Insider

McGuiness says because Robinson admitted under oath during trial that he knew the numbers he reported were inaccurate, seizing evidence with a search warrant justified by the affidavit was unconstitutional.

By Ellen Bardash

4 minute read

August 15, 2023 | Delaware Business Court Insider

During Chancellor Kathaleen St. Jude McCormick's absence, urgent matters from her caseload will be reassigned as needed, though cases she took under advisement before her leave are still expected to be decided by McCormick on an extended timeline.

By Ellen Bardash

1 minute read