Delaware Business Court Insider | Commentary
By Sean M. Brennecke | April 19, 2023
In In re Dissolution of T&S Hardwoods KD, Vice Chancellor Morgan T. Zurn provided helpful guidance on what must be alleged to satisfy that test for purposes of overcoming a motion to dismiss.
Delaware Business Court Insider | Commentary
By Elizabeth A. Sloan | April 19, 2023
In the 120-page opinion for In re Mindbody, Chancellor Kathaleen McCormick throws shade on Corwin, finding Mindbody's sales process run by Richard Stollmeyer—founder and then-CEO—was not cleansed by Corwin and holding him and Mindbody's private equity acquirer, Vista Equity Partners, liable.
The Legal Intelligencer | Commentary
By Christopher D. Carusone | April 18, 2023
The obvious starting point for representing many licensed professionals is the enabling legislation. These acts—such as the Medical Practice Act and Architects Licensure Law, for example—typically set forth the powers and duties of the governing board, the requirements for licensure, the prohibition against unlicensed activity, procedures for the handling of impaired professionals, and the grounds for the refusal, revocation or suspension of a license.
Delaware Business Court Insider | Commentary
By Lawrence J. Kotler | April 12, 2023
In a recent decision in the case of SC SJ Holdings v. Pillsbury Winthrop Shaw Pittman (In re SC SJ Holdings), Civil Action No., 22-00689 (MN), the U.S. District Court for the District of Delaware (the court) affirmed a May 12, 2012, decision of the U.S. Bankruptcy Court for the District of Delaware (the Bankruptcy Court) denying the debtors' motion for relief from certain releases contained in their confirmed plan (the plan).
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | April 12, 2023
In Hyde Park Venture Partners Fund III v. Fairxchange, the Delaware Court of Chancery reaffirmed the joint client concept of corporate privilege and held that the company could not assert privilege against a former director or his designating investor except as to a books and records demand in which the company and the director were contemporaneously adverse.
By Alex Anteau | April 11, 2023
"It's a difficult case, because these are Methodists who are sincere worshipers who have their sincerely held religious beliefs, and they are up against other sincere worshipers who have sincerely held religious beliefs, and it's one of the reasons the problem is intractable and why they're trying to put it in front of a secular court," defense attorney Wick Cauthorn said.
Delaware Business Court Insider | Commentary
By Kaan Ekiner and Mark E. Felger | April 5, 2023
Discovery in a Delaware books and records action involves striking a balance between the right of the parties to prepare for trial and the statutory…
Delaware Business Court Insider | Commentary
By Curtis J. Crowther and Trevor L. Bradley | April 5, 2023
The Delaware Court of Chancery again declined to blue-pencil the restrictive covenant sending a clear reminder to buyers that they must narrowly tailor noncompete and nonsolicitation provisions in purchase agreements and related sale documentation under Delaware law.
Delaware Business Court Insider | Commentary
By Cliff C. Gardner and Lauren M. Griffith | March 22, 2023
The Delaware Court of Chancery recently issued two decisions addressing claims arising out of so-called "de-SPAC" mergers. Each decision is quickly becoming required reading for SPAC sponsors, boards and transactional planners.
By Alex Anteau | March 20, 2023
Robins Kaplan announced that the firm helped secure a $28 million settlement on behalf of its client, Georgia state Sen. John F. Kennedy, R-Macon, against Education Corporation of America, or ECA, for breach of fiduciary duty.
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