Mark E Felger

October 07, 2020 | Delaware Business Court Insider

In MTA Canada Royalty v. Compania Minera Pangea, Judge Abigail LeGrow considered whether an agreement's anti-assignment clause operated to void an assignment that occurred as a result of a subsequent merger between a contracting party to the agreement and a third party.

By Barry M. Klayman and Mark E. Felger

6 minute read

September 02, 2020 | Delaware Business Court Insider

A creditor on behalf of the company sues its controllers and advisors for looting the company, and the company files for bankruptcy, which stays the litigation and shifts the authority to pursue the claims from the creditors to a Chapter 7 trustee.

By Barry M. Klayman and Mark E. Felger

7 minute read

August 05, 2020 | Delaware Business Court Insider

Who controls the privilege for a seller's pre-sale attorney-client communications in the case of an asset purchase transaction?

By Barry M. Klayman and Mark E. Felger

7 minute read

July 01, 2020 | Delaware Business Court Insider

Delaware's borrowing statute provides that a suit to enforce a cause of action that arises outside of Delaware cannot be brought in a Delaware court after the expiration of the applicable Delaware statute of limitations or the statute of limitations of the state or country where the cause of action arose, whichever is shorter.

By Barry M. Klayman and Mark E. Felger

8 minute read

June 10, 2020 | Delaware Business Court Insider

In Fortis Advisors v. Allergan W.C. Holding, the counterparty sought to bypass the agreed-upon shareholder representative by moving to treat the selling stockholders as parties for purposes of discovery and trial.

By Barry M. Klayman and Mark E. Felger

6 minute read

May 06, 2020 | Delaware Business Court Insider

The Delaware Supreme Court held that for tort claims, such as legal malpractice claims, the wrongful act occurs at the time of injury, however slight, and the statute of limitations can start to run before any actual or substantial damages occur.

By Barry M. Klayman and Mark E. Felger

7 minute read

April 01, 2020 | Delaware Business Court Insider

In Carickhoff, Chapter 7 Trustee v. Goodwin (In re Decade S.A.C.), Chief Bankruptcy Judge Christopher Sontchi refused to grant a motion to stay bankruptcy proceedings pending an appeal to the district court on the grounds that the appeal had divested the bankruptcy court of jurisdiction.

By Barry M. Klayman and Mark E. Felger

6 minute read

March 04, 2020 | Delaware Business Court Insider

In a recent case in the Delaware Court of Chancery involving a suit between the trustee of a trust and the trust's beneficiaries, Vice Chancellor J. Travis Laster had to decide whether the beneficiaries could get access to documents that the trustee claimed were protected from disclosure by the attorney-client privilege.

By Barry M. Klayman and Mark E. Felger

6 minute read

February 05, 2020 | Delaware Business Court Insider

In Hanna v. Baier, C.A. No. S12J-03-058-RFS (Del. Super. Jan. 22, 2020), Delaware Superior Court Judge Richard F. Stokes considered whether the Superior Court was the appropriate forum for enforcement of a charging order requiring the court to consider the validity of conveyances between a limited liability company and its members.

By Barry M. Klayman and Mark E. Felger

8 minute read

January 15, 2020 | Delaware Business Court Insider

In a recent case, Vice Chancellor Sam Glasscock considered whether to grant a corporation's motion to modify an earlier advancement order where the corporation subsequently amended its claims against a former officer and director in order to eliminate the grounds for advancement.

By Barry M. Klayman and Mark E. Felger

7 minute read