Mark E Felger

December 11, 2019 | Delaware Business Court Insider

A recent Delaware Court of Chancery letter opinion presents an interesting twist concerning the applicability of the attorney-client privilege to emails between a party and his attorneys where the emails were stored on a server controlled by the adverse party.

By Barry M. Klayman and Mark E. Felger

7 minute read

November 06, 2019 | Delaware Business Court Insider

In a somewhat unusual case, Vice Chancellor Morgan T. Zurn addressed the question whether in pari delicto is an equitable or a legal defense.

By Barry M. Klayman and Mark E. Felger

5 minute read

October 09, 2019 | Delaware Business Court Insider

The case involved the sale by merger of Authentix Acquisition Co. to a third party. The petitioners had been the sole owners of the company's predecessor.

By Barry M. Klayman and Mark E. Felger

6 minute read

September 04, 2019 | Delaware Business Court Insider

Judge Calvin Scott denied a motion for judgment on the pleadings on the grounds that the defendant's proffered interpretation of a liability limitation provision in a master service agreement was unreasonable.

By Barry M. Klayman and Mark E. Felger

5 minute read

August 07, 2019 | Delaware Business Court Insider

In In re Old BPSUSH, U.S. Bankruptcy Judge Kevin J. Carey resolved a dispute over control of attorney-client and work product privileges applicable to information generated in an investigation conducted on behalf of the corporate debtor’s former audit committee.

By Barry M. Klayman and Mark E. Felger

8 minute read

July 03, 2019 | Delaware Business Court Insider

In Shareholder Representative Services v. RSI Holdco, Vice Chancellor Kathleen McCormick addressed the question of when a buyer may use the acquired company's privileged, pre-merger attorney-client communications in post-closing litigation against the seller?

By Barry M. Klayman and Mark E. Felger

7 minute read

June 05, 2019 | Delaware Business Court Insider

In Jalbert v. Flanagan (In re F-Squared Investment Management), the trustee of a liquidating trust sought to avoid bonus payments by the debtors as fraudulent conveyances.

By Barry M. Klayman and Mark E. Felger

7 minute read

May 08, 2019 | Delaware Business Court Insider

Until recently, there were no cases definitively addressing the scope of Section 18-111's fifth jurisdictional category.

By Barry M. Klayman and Mark E. Felger

7 minute read

April 03, 2019 | Delaware Business Court Insider

In a recent letter opinion, Tratado de Libre Commercio v. Splitcast Technology, C.A. No. 2019-0014-JRS (Del. Ch. March 6), Vice Chancellor Joseph Slights addressed the issue of how to perfect service upon a dissolved limited liability company (LLC).

By Barry M. Klayman and Mark E. Felger

6 minute read

March 13, 2019 | Delaware Business Court Insider

Central to this post-trial opinion is his discussion regarding the contours of the “line of business” test and the need to apply the concept flexibly and sensibly when determining whether a corporation has an interest in a line of business.

By Barry M. Klayman and Mark E. Felger

8 minute read