Mark E Felger

September 06, 2023 | Delaware Business Court Insider

Vice Chancellor Sam Glasscock III considered whether a personal relationship between an independent director and a conflicted director was sufficient to corrupt the independent director's loyalty in approving a cash only freeze-out merger.

By Kaan Ekiner and Mark E. Felger

7 minute read

July 05, 2023 | Delaware Business Court Insider

In this stockholder derivative action, the plaintiff claimed that the defendants—members of Tesla's board of directors—breached their fiduciary duties by awarding themselves excessive and unfair compensation between 2017 and 2020.

By Kaan Ekiner and Mark E. Felger

8 minute read

June 07, 2023 | Delaware Business Court Insider

Against a lengthy procedural backdrop, the Supreme Court held that unused leave to transfer a case does not divest the original court of jurisdiction, reaffirmed the trial courts' broad discretion in deciding motions to dismiss pursuant to Rule 41(a)(2), and confirmed that forum non conveniens does not apply when parties have contracted for a specific forum to resolve their disputes.

By Kaan Ekiner and Mark E. Felger

12 minute read

May 03, 2023 | Delaware Business Court Insider

The Delaware bankruptcy court ruled that a plaintiff need not explicitly plead its "due diligence" in investigating its preference cause of action. Rather, a general allegation under Federal Rule of Civil Procedure 9(c) that "all conditions precedent have occurred" suffices.

By Mark E. Felger and Simon E. Fraser

6 minute read

April 05, 2023 | Delaware Business Court Insider

Discovery in a Delaware books and records action involves striking a balance between the right of the parties to prepare for trial and the statutory…

By Kaan Ekiner and Mark E. Felger

9 minute read

March 08, 2023 | Delaware Business Court Insider

Chancellor Kathaleen St. Jude McCormick, sitting by designation on the Delaware Superior Court, recently issued an opinion that should serve as a reminder of the harsh consequences that a party may suffer if it fails to properly preserve evidence in the lead-up to litigation.

By Mark E. Felger and Simon E. Fraser

9 minute read

January 04, 2023 | Delaware Business Court Insider

Following this decision, the ability of a party-in-interest to obtain an order from the bankruptcy court de-designating a subchapter V case is uncertain.

By Mark E. Felger and Simon E. Fraser

8 minute read

December 07, 2022 | Delaware Business Court Insider

In In re Cote D'Azur Estate, Vice Chancellor J. Travis Laster considered a motion for the issuance of a letter of request under the Hague Convention. In granting the motion, the vice chancellor addressed the requirements for issuing letters of request.

By Barry M. Klayman and Mark E. Felger

8 minute read

November 09, 2022 | Delaware Business Court Insider

The distinction between legal and equitable fraud is not always clearly drawn, yet subject matter jurisdiction in the Delaware Court of Chancery can depend on it.

By Barry M. Klayman and Mark E. Felger

6 minute read

October 12, 2022 | Delaware Business Court Insider

In Protech Minerals v. Dugout Team, No. 288, 2021, 2022 WL 4004606 (Del. Sept. 2, 2022), the Delaware Supreme Court affirmed that trust distributions are personal property subject to garnishment. The court declined to consider whether the result would be different if the trust were a spendthrift trust.

By Barry M. Klayman and Mark E. Felger

7 minute read