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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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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 Disputes

The 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 Says

The 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 $5B

Delaware 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 Case

A 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 Get

Plaintiffs 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 Decision

Whether 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 Chancery

With 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 Partners

While 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