Mark E Felger

September 09, 2015 | Delaware Business Court Insider

Do the advancement rights of directors and officers have priority over the rights of creditors to the assets of a limited liability company in receivership?

By Barry M. Klayman and Mark E. Felger

6 minute read

August 12, 2015 | Delaware Business Court Insider

A forum selection clause in an agreement provides that the parties "irrevocably consent to exclusive jurisdiction and venue of the state and federal courts in the state of Delaware."

By Barry M. Klayman and Mark E. Felger

5 minute read

August 12, 2015 | Delaware Business Court Insider

A forum selection clause in an agreement provides that the parties "irrevocably consent to exclusive jurisdiction and venue of the state and federal courts in the state of Delaware."

By Barry M. Klayman and Mark E. Felger

5 minute read

July 07, 2015 | Delaware Business Court Insider

In In re Optim Energy LLC (Walnut Creek Mining v. Cascade Investment LLC), Civ. No. 14-738-LPS (D. Del. Mar. 13, 2015), U.S. District Judge Leonard P. Stark of the District of Delaware considered an appeal from the bankruptcy court's denial of a creditor's motion for derivative standing.

By Barry M. Klayman and Mark E. Felger

7 minute read

July 07, 2015 | Delaware Business Court Insider

In Civ. No. 14-738-LPS (D. Del. Mar. 13, 2015), U.S. District Judge Leonard P. Stark of the District of Delaware considered an appeal from the bankruptcy court's denial of a creditor's motion for derivative standing.

By Barry M. Klayman and Mark E. Felger

7 minute read

June 10, 2015 | Delaware Business Court Insider

In In re Lululemon Athletica 220 Litigation, 220 Litigation, C.A. No. 9039-VCP (Del. Ch. April 30, 2015), Vice Chancellor Donald F. Parsons Jr. held the defendant corporation in a books-and-records action under 8 Del. C. Section 220 did not have to search its non-employee directors' personal email accounts for documents.

By Barry M. Klayman and Mark E. Felger

7 minute read

June 10, 2015 | Delaware Business Court Insider

In220 Litigation, C.A. No. 9039-VCP (Del. Ch. April 30, 2015), Vice Chancellor Donald F. Parsons Jr. held the defendant corporation in a books-and-records action under 8 Del. C. Section 220 did not have to search its non-employee directors' personal email accounts for documents.

By Barry M. Klayman and Mark E. Felger

7 minute read

May 13, 2015 | Delaware Business Court Insider

In In re SS Body Armor I, Case No. 10-11255 (CSS) (Bankr. D. Del. April 1, 2015), U.S. Bankruptcy Judge Christopher Sontchi of the District of Delaware held the right of a stockholder to compel a debtor to hold an annual meeting for the purpose of electing a new board of directors continues during the pendency of a Chapter 11 proceeding, and the automatic stay does not apply to the exercise of that right.

By Barry M. Klayman and Mark E. Felger

5 minute read

May 13, 2015 | Delaware Business Court Insider

In, Case No. 10-11255 (CSS) (Bankr. D. Del. April 1, 2015), U.S. Bankruptcy Judge Christopher Sontchi of the District of Delaware held the right of a stockholder to compel a debtor to hold an annual meeting for the purpose of electing a new board of directors continues during the pendency of a Chapter 11 proceeding, and the automatic stay does not apply to the exercise of that right.

By Barry M. Klayman and Mark E. Felger

5 minute read

April 08, 2015 | Delaware Business Court Insider

In Carlyle Investment Management LLC v. Moonmouth, 779 F.3d 214 (3rd Cir. 2015), the U.S. Court of Appeals for the Third Circuit affirmed the judgment of the U.S. District Court for the District of Delaware remanding the case to state court pursuant to a forum selection clause in an agreement to which the appellant was not a signatory.

By Barry M. Klayman and Mark E. Felger

7 minute read