Tyler

February 06, 2023 | The Recorder

Because competitor collaboration creates the risk of antitrust liability, industries may have to thread the needle between advancing social values and avoiding criminal or civil antitrust liability.

By Anna Pletcher, Kelse Moen, Emme Tyler and Molly Shuminer

6 minute read

December 28, 2022 | Delaware Business Court Insider

The Delaware Court of Chancery largely rejected arguments that laches barred fiduciary duty claims against AmerisourceBergen's directors and officers for acting in bad faith by disregarding red flags in safety reporting and monitoring systems and knowingly operating the business in a manner to violate positive law.

By K. Tyler O'Connell

6 minute read

August 24, 2022 | The Recorder

Nothing is perfect, and sometimes storms develop for reasons completely apart from the quality of legal work, but these tips can help mitigate the risk posed by transactions going bad.

By Bethany Kristovich and Tyler Hilton

6 minute read

December 15, 2021 | Delaware Business Court Insider

While parties may discuss the terms of a business arrangement, absent definite agreement on all material terms or a definite promise, these arrangements are generally unenforceable.

By K. Tyler O'Connell and Barnaby Grzaslewicz

4 minute read

December 03, 2021 | Texas Lawyer

Energy plays a major role in the Infrastructure Act by addressing environmental concerns through the promotion of new and cleaner sources of energy. One key area addressed in the bill is the development of carbon capture, utilization and sequestration ("CCUS").

By Scott Greer, Marcella Burke, Jim Bowe, Tom Spulak and Tyler Brown

5 minute read

September 29, 2021 | Delaware Business Court Insider

In affirming the Delaware Court of Chancery's decision, the high court concurred with the court-below's articulation of a new three-part standard to assess whether a derivative plaintiff meets her pleading burden to show that a pre-suit demand upon the board would have been futile.

By K. Tyler O'Connell

6 minute read

September 27, 2021 | Law.com

A South Carolina appellate court recently affirmed a trial court's decision that a landlord had tortiously interfered with a sublease by terminating the master lease after a fire damaged the subject building and such landlord was liable to the subtenant for punitive damages.

By Marisa L. Byram and Tyler V. Friederich

10 minute read

April 08, 2021 | New York Law Journal

Over the past several years, real estate investors, owners and developers have looked to incorporate environmental, social & governance (ESG) criteria into their evaluation of real estate buildings and projects. This article examines the ways New York City real estate market participants are impacted by this increased focus on advancing societal goals.

By Hillel E. Sussman and Tyler F. Starr

8 minute read

February 24, 2021 | Delaware Business Court Insider

The Delaware Supreme Court recently affirmed the Delaware Court of Chancery's post-trial decision ordering AmerisourceBergen Corp. to produce corporate books and records under Section 220 of the Delaware General Corporation Law in order to permit stockholders to investigate AmerisourceBergen's role in the distribution of opioids.

By Stephen C. Norman, Tyler J. Leavengood, Aaron R. Sims and Abraham Schneider

7 minute read

January 13, 2021 | The Recorder

Any state with a statutory scheme similar to California's—with one or more consumer protection statutes providing for both legal damages and monetary equitable relief—is susceptible to a similar adequate-remedy-at-law defense.

By Tyler Young, Rory Collins and Emily Zambrana

6 minute read