Mark E Felger

October 26, 2011 | Delaware Business Court Insider

In the Aug. 31 case DFG Wine Co. LLC v. Eight Estates Wine Holdings LLC , the Delaware Court of Chancery considered the question of the right of a limited liability company member to inspect the books and records of the company's subsidiary. In this post-trial letter opinion, the court granted an LLC member the right to inspect certain books and records of the company's subsidiary even though neither the Delaware Limited Liability Company Act (LLC Act) nor the LLC agreement expressly give it that right.

By Barry M. Klayman and Mark E. Felger Special to the DBCI

6 minute read

September 21, 2011 | Delaware Business Court Insider

Earlier this month, in CML V LLC v. Bax , the Delaware Supreme Court held that a creditor of an insolvent limited liability company lacks standing under the Delaware Limited Liability Company Act to bring a derivative action against the LLC's former managers.

By Barry M. Klayman and Mark E. Felger Special to the DBCI

7 minute read

May 09, 2012 | Delaware Business Court Insider

Section 546(e) of the Bankruptcy Code has engendered more than its fair share of litigation. Section 546(e) provides a safe harbor to exempt certain types of financial contracts from the reach of the automatic stay and the avoidance powers of the code.

By Barry M. Klayman and Mark E. Felger

7 minute read

February 25, 2005 | The Legal Intelligencer

In Stanziale v. Finova Capital Corp., the 3rd U.S. Circuit Court of Appeals addressed whether a secured creditor in a Chapter 7 bankruptcy may recover insurance proceeds for damage to certain collateral which had previously been repaired and returned to the lender.

By Mark E. Felger and Jeffrey R. Waxman

9 minute read