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Ellen Bardash

Ellen Bardash

Ellen Bardash is ALM's reporter covering Delaware litigation for Delaware Law Weekly and Delaware Business Court Insider. She can be contacted at [email protected], on Twitter @Dellenware or on Threads @ellenbardash.

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February 01, 2024 | National Law Journal

Real Estate Pressure Likely to Keep Chapter 11 Filings Flowing in 2024

Bankruptcy experts are now expecting to see a steady stream of Chapter 11 filings continue throughout 2024, though not with a year-over-year jump like 2023's.

By Ellen Bardash

3 minute read

January 31, 2024 | Delaware Business Court Insider

Here's How Elon Musk's $56B Executive Comp Loss Could Reverberate

Shortly after Chancellor Kathaleen St. J. McCormick issued her post-trial opinion finding Elon Musk's $56 billion compensation agreement with Tesla should be rescinded, Musk posted one possible takeaway: "Never incorporate your company in the state of Delaware."

By Ellen Bardash

5 minute read

January 30, 2024 | Delaware Business Court Insider

Tesla Shareholder Wins Challenge to Elon Musk's Tesla Comp Package

Chancellor Kathaleen McCormick concluded Musk was a controller of Tesla under Delaware law, putting the burden of entire fairness on his defense team from Cravath, Swain & Moore and Ross Aronstam & Moritz.

By Ellen Bardash

3 minute read

January 29, 2024 | Delaware Business Court Insider

Supreme Court: Pro-Contract Delaware Shouldn't Override Forfeiture for Competition Provisions

Justice Gary F. Traynor's opinion, which emphasizes Delaware's strong deference to contract freedoms, remanded the case of former Cantor Fitzgerald partners to the Court of Chancery.

By Ellen Bardash

4 minute read

January 24, 2024 | Delaware Law Weekly

New Kaufman Dolowich Del. Office Leader Focused on Expanding D&O Liability Defense

Loren Barron is currently the only attorney there but said she plans to start growing the practice as soon as possible, ideally adding four or five additional lawyers within the next six months.

By Ellen Bardash

3 minute read

January 24, 2024 | New York Law Journal

Judge: Delaware Ruling Doesn't Forestall Fox News' Anti-SLAPP Claims Against Smartmatic

The decision was a win for Fox, which is represented by attorneys from Kirkland & Ellis. The court said there's not enough on the record to justify dismissing Fox News' counterclaims at this point.

By Ellen Bardash

3 minute read

January 23, 2024 | Delaware Business Court Insider

Delaware Joins AT&T Lead Cable Conversation With New Shareholder Cases

It's the latest wave of litigation blowback against telecommunications companies that were linked to toxic underground cables and their effects.

By Ellen Bardash

3 minute read

January 19, 2024 | Delaware Law Weekly

Hard Rock Cafe Accused of Shorting Employee Wages

A Hard Rock Cafe employee has sued the restaurant chain's U.S. branch in Delaware federal court, claiming she and hundreds of others have been underpaid…

By Ellen Bardash

2 minute read

January 18, 2024 | New York Law Journal

Second Circuit: Speculation in TransPerfect Case Against Lionbridge in SDNY Is 'a Stretch'

The Jan. 17 decision, as a summary order, doesn't set an official precedent, but it signals to attorneys what level of evidence may be needed for a case claiming transaction-related NDAs were breached to have a chance at going to trial. Judges John M. Walker Jr., Denny Chin and Beth Robinson considered the appeal.

By Ellen Bardash

3 minute read

January 11, 2024 | Delaware Business Court Insider

Nikola: Gridlock With Insurers Is Stalling Settlements With Shareholders

"Because settlements of derivative actions are not indemnifiable by the nominal company defendant in Delaware, this would defeat a key function of D&O insurance."

By Ellen Bardash

3 minute read