Mark E Felger

September 07, 2017 | Delaware Business Court Insider

In a case characterized as a "matter of great local interest," Bankruptcy Judge Kevin Gross determined a question of much wider interest to practitioners: whether a contract was void ab initio because the Delaware limited liability company that executed it had not yet been formed.

By Barry M. Klayman and Mark E. Felger

5 minute read

August 09, 2017 | Delaware Business Court Insider

In order for a creditor who supplies goods to a debtor within 20 days before the bankruptcy petition is filed to recover the value of the goods as a priority administrative expense under Section 503(b)(9) of the Bankruptcy Code, the debtor must have had physical possession of the goods and not merely constructive receipt.

By Barry M. Klayman and Mark E. Felger

6 minute read

July 05, 2017 | Delaware Business Court Insider

A divided Delaware Supreme Court recently held that a mortgage assignee must be entitled to enforce the underlying obligation that the mortgage secures in order to foreclose on the mortgage.

By Barry M. Klayman and Mark E. Felger

7 minute read

June 07, 2017 | Delaware Business Court Insider

The Delaware Superior Court has ruled on an issue over an allegedly defamatory article that caused injury to a Delaware corporation hosted on a website outside of Delaware.

By Barry M. Klayman and Mark E. Felger

6 minute read

May 10, 2017 | Delaware Business Court Insider

In a recent opinion, U.S. Bankruptcy Judge Christopher Sontchi of the District of Delaware addressed the interesting issue of the applicability and scope of the sovereign immunity of Indian tribes in the context of preference actions brought by a Chapter 11 trustee.

By Barry M. Klayman and Mark E. Felger

13 minute read

April 04, 2017 | Delaware Business Court Insider

In a rare case involving resort to a Delaware statute's legislative history, Vice Chancellor J. Travis Laster held that Delaware's anti-SLAPP statute is to be construed narrowly so as to be applicable only to public petition and participation in land use proceedings, and is not a broad legal protection against defamation claims.

By Barry M. Klayman and Mark E. Felger

14 minute read

March 29, 2017 | Delaware Business Court Insider

U.S. Bankruptcy Judge Christopher S. Sontchi has held that absent specific language in a debtor-in-possession financing order, a carve-out for a fixed dollar amount for professional fees does not serve as a cap on the amount of fees to which a professional may be entitled.

By Barry M. Klayman and Mark E. Felger

13 minute read

March 08, 2017 | Delaware Business Court Insider

U.S. Bankruptcy Judge Christopher S. Sontchi has held that absent specific language in a debtor-in-possession financing order, a carve-out for a fixed dollar amount for professional fees does not serve as a cap on the amount of fees to which a professional may be entitled once a Chapter 11 plan is confirmed.

By Barry M. Klayman and Mark E. Felger

13 minute read

February 08, 2017 | Delaware Business Court Insider

In a case of first impression in Delaware, Vice Chancellor J. Travis Laster held that directors of a corporation, plaintiffs in a defamation action, were public figures for the limited purpose of election-related communications among the company's investors.

By Barry M. Klayman and Mark E. Felger

15 minute read

January 18, 2017 | Delaware Business Court Insider

Bankruptcy Judge Laurie Selber Silverstein has granted the post-confirmation motion of a trustee of trusts created pursuant to the debtors' plan of reorganization to examine third parties regarding the cause of the debtors' financial collapse under Federal Rule of Bankruptcy Procedure 2004.

By Barry M. Klayman and Mark E. Felger

16 minute read