November 20, 2019 | Delaware Business Court Insider
Investor's Desire to Criticize Proxy Contest Transactions Does Not Sustain Books and Records RequestIn denying the stockholder's inspection request, Vice Chancellor Joseph R. Slights III acknowledged that the law is "murky" in this area, but reasoned that the court need not answer the question in the abstract, because the circumstances of this case counseled in favor of denying the inspection.
By K. Tyler O'Connell
5 minute read
November 01, 2019 | New York Law Journal
Six Things Applicants Need To Know About NY's Character and Fitness ProcessThis article discusses a few key pointers that may help candidates navigate this stressful, and sometimes confusing, process.
By Tyler Maulsby and Nicole I. Hyland
9 minute read
October 17, 2019 | Legaltech News
How to Virtually Win and Work a Case from Start to FinishTreat your future-self right, and run your law firm like the business it is by following these simple recommendations for leveraging remote help and technology, ethically and effectively.
By Maddy Martin, Smith.ai; Dorna Moini, Documate and Kristin Tyler, LAWCLERK
7 minute read
October 04, 2019 | National Law Journal
Why History Supports US Supreme Court Term LimitsA high court comprising men and women who serve for a time and of a time, and not for all time like an English monarch, would be a welcome change to our democracy.
By Tyler Cooper
5 minute read
September 18, 2019 | Delaware Business Court Insider
'Scott v. DST Systems': Court Rejects Mootness Fee for Target's Supplemental Disclosures Explaining Valuation AnalysesDisclosure-only settlements of M&A class actions have received increased scrutiny since decisions like the Delaware Court of Chancery's 2016 Trulia opinion and the U.S. Court of Appeals for the Seventh Circuit's Walgreens decision from later that year.
By K. Tyler O'Connell
5 minute read
July 31, 2019 | Delaware Business Court Insider
Chancery Decides Questions of First Impression Regarding Statutory Claims for Unlawful Dividends and Fraudulent TransfersEnforcement mechanisms available to creditors of Delaware corporations may include, inter alia, claims against directors to recover unlawful dividends under Section 174 of the Delaware General Corporation Law; and fraudulent transfer claims against the corporation and transferees including, where Delaware law applies, under Delaware's Uniform Fraudulent Transfer Act.
By K. Tyler O'Connell and Albert J. Carroll
8 minute read
May 09, 2019 | New York Law Journal
Beyond 'Brady': The Ethical Implications When a Prosecutor Learns That an Officer Fabricated EvidenceThis article addresses a prosecutor's ethical obligations under the New York Rules of Professional Conduct upon learning of new evidence that might exonerate a convicted defendant.
By Tyler Maulsby
6 minute read
January 23, 2019 | Delaware Business Court Insider
Court Rejects Use of the Implied Covenant of Good Faith and Fair Dealing to Preserve LLC Members' Exit Sale RightsThe implied covenant of good faith and fair dealing inheres in all contracts governed by Delaware law. In some circumstances, the implied covenant may apply to fill “gaps” in an agreement consistent with the parties' reasonable expectations at the time of contracting.
By K. Tyler O'Connell
8 minute read
November 07, 2018 | The Recorder
California Expands Slack Fill Safe HarborsIn what seems like an uncharacteristic move for the historically consumer-friendly state, California recently added new safe harbors protecting product manufacturers from claims of “slack fill” in packaging, signaling a dwindling receptivity to the recent spurt of slack fill litigation in that state.
By Sarah L. Brew, Tyler A. Young, Emily R. Bodtke and Rita Mansuryan
7 minute read
July 16, 2018 | Delaware Business Court Insider
High Court Again Denies 'Corwin' Deference Due to Material Omissions Concerning Sale ProcessThese decisions support that stockholder-plaintiffs who are willing to invest resources in a pre-suit books and record demand may have a viable path to a post-Corwin claim.
By K. Tyler O'Connell
10 minute read
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