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.
January 18, 2023 | Delaware Business Court Insider
Vice Chancellor Zurn Rebukes Attorneys Over Their Tactics in Forum Selection"I will not advise plaintiff on the proper way to find a forum," the vice chancellor wrote. "This was not it."
By Ellen Bardash
3 minute read
January 18, 2023 | Delaware Business Court Insider
Conjunction Confusion: Del Supreme Court Considers Contractual Meaning of 'And'The dispute came down to whether "and" meant two circumstances needed to apply, or if one of them--a chief marketing officer's termination--alone was enough.
By Ellen Bardash
4 minute read
January 17, 2023 | Delaware Business Court Insider
Supreme Court Stresses Jurisdiction Consistency in D&O Insurance DisputesThe opinion links two other recent Supreme Court decisions that have set precedent in resolving disputes over D&O insurance coverage, all clarifying the role Delaware laws play in D&O coverage contracts.
By Ellen Bardash
3 minute read
January 12, 2023 | Delaware Business Court Insider
Vince McMahon Used Controlling Shareholder Role to Force Board to Reappoint Him, Complaint SaysThe complaint said McMahon backed the board into a corner by stating he'd vote against approval of media rights contracts. Kirkland & Ellis is representing the legendary wrestling promoter.
By Ellen Bardash
3 minute read
January 11, 2023 | Delaware Business Court Insider
FTX Creditor Names Remain Redacted as Recovered Funds Reach $5BDelaware Bankruptcy Judge John T. Dorsey decided to continue allowing FTX to redact creditors' names from filings for three more months. The three-month window is half of what the debtors requested.
By Ellen Bardash
3 minute read
January 09, 2023 | Delaware Business Court Insider
Tesla and Shareholder Debate Final Discovery Disputes in Director Compensation CaseA shareholder's lawyer said Tesla is cherry picking what to redact without proving why it should be redacted.
By Ellen Bardash
4 minute read
January 06, 2023 | Delaware Business Court Insider
Class Action Claims Jeep Hybrid Owners Paid for Electric Options They Didn't GetPlaintiffs say their vehicles have shown a pattern of frequently going into "fuel and oil refresh mode," or FORM, a state in which they can't run on electricity only.
By Ellen Bardash
3 minute read
January 04, 2023 | Delaware Business Court Insider
Shareholder Redemption Rights Claims Advance in New Chancery Court SPAC DecisionWhether representing a SPAC or not, fiduciaries are required under Delaware law to be transparent with shareholders, Vice Chancellor Lori Will said, noting however that the unique structure of a SPAC leads shareholders to be harmed individually if they aren't able to fairly exercise their redemption rights.
By Ellen Bardash
4 minute read
January 03, 2023 | Delaware Business Court Insider
Meet the Newest Master in Delaware's Court of ChanceryWith the addition of Bonnie W. David, formerly counsel for Skadden, Arps, Slate, Meagher & Flom's Wilmington office, the business court has its largest complement of personnel in its history.
By Ellen Bardash
2 minute read
December 20, 2022 | Delaware Business Court Insider
Supreme Court Reverses $690M Liability Decision Against Pipeline PartnersWhile all five judges agreed the Court of Chancery made a judgment that should be reversed, Valihura wrote the court shouldn't remain silent on whether advice being legally sound is something for a court to decide when determining if it was made in good faith or not.
By Ellen Bardash
4 minute read
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