June 07, 2017 | Delaware Business Court Insider
Court Lacks Personal Jurisdiction Over Nonresident Blogger, Website HostThe 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
Tribal Sovereign Immunity of Casinos in Preference ActionsIn 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
Delaware's Anti-SLAPP Statute Limited to Land Use DisputesIn 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
Dollar Cap on Committee Professional Fees Under Confirmed PlanU.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
Dollar Cap on Committee Professional Fees Under Confirmed PlanU.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
Directors Are Public Figures for Election-Related Communications Among InvestorsIn 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
Post-Confirmation Examinations Pursuant to Bankruptcy Rule 2004Bankruptcy 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
December 21, 2016 | Delaware Business Court Insider
Turnover Order Cannot Trump Prohibition on Disclosure of ESI by Email Service ProviderIn a decision with implications that extend beyond bankruptcy, Bankruptcy Judge Christopher S. Sontchi refused to order an email service provider to turn over the contents of a private email account after the owner of the account evaded service and failed to comply with several discovery orders.
By Barry M. Klayman and Mark E. Felger
15 minute read
November 09, 2016 | Delaware Business Court Insider
Bankruptcy Court Holds Class-Action Waiver in Arb Agreement Violates NLRAU.S. Bankruptcy Judge Brendan Shannon of the District of Delaware recently decided two issues of first impression in this circuit: first, a class-action waiver provision in an arbitration agreement between an employer and an employee violates the National Labor Relations Act (NLRA), and second, an opt-out provision in an arbitration agreement containing a provision that violates the NLRA does not save the arbitration agreement.
By Barry M. Klayman and Mark E. Felger
13 minute read
October 12, 2016 | Delaware Business Court Insider
Vendor's Reclamation Rights Survive Lien of Post-Petition DIP LoanIn In re Reichhold Holdings US, Inc., Case No. 14-12237 (MFW) (Bankr. Del., Aug. 24), Bankruptcy Judge Mary F. Walrath upheld the validity of a vendor's administrative claim for its reclamation rights under Section 546(c) of the Bankruptcy Code as against a post-petition DIP lender.
By Barry M. Klayman and Mark E. Felger
13 minute read
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