Michael B Gonen

Michael B Gonen

June 21, 2023 | Delaware Business Court Insider

Chancery Holds Covenants Not to Sue for Breach of Fiduciary Duty Are Enforceable Only in Part

The court reasoned that Delaware law permits such covenants, subject to two ifs and one but—and declined to dismiss, reasoning that the covenant at issue was valid but that plaintiffs had adequately pleaded intentional fiduciary misconduct.

By Michael B, Gonen

8 minute read

August 10, 2022 | Delaware Business Court Insider

Wither Pompeia: 'Diep v. Trimaran Pollo Partners'

Delaware Supreme Court affirms dismissal on SLC's motion, refusing to apply "Caesar's Wife" standard of "above reproach" to multi-member SLCs.

By Michael B. Gonen

8 minute read

January 12, 2022 | Delaware Business Court Insider

Delaware Supreme Court Upholds Challenge to State Income Tax Policy

Because the state Legislature has acted in the intervening time, the decision calls into doubt the validity of certain provisions of Delaware's corporate tax laws.

By Michael B. Gonen

5 minute read