Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | July 20, 2022
When director actions affect an election of directors or a stockholder vote on matters of corporate control, the board's actions must satisfy enhanced scrutiny under the legal test set forth in Blasius Industries v. Atlas.
By Phillip Bantz | July 15, 2022
The attorney previously served for 14 years as general counsel and corporate secretary at public exchange, clearinghouse and data services company headquartered in Atlanta.
By Lana Shneydina | July 14, 2022
In general, a compliance culture will help you avoid costly pitfalls like having to rebuild a product or service offering due to legal issues or negative publicity; it will lower the risk of lost trust and lawsuits, which can be game-ending.
By Amy Guthrie | July 14, 2022
Latin America's largest economy remains fertile ground for deals, though activity is slowing amid global headwinds and ahead of local elections.
Corporate Counsel | Expert Opinion
By Dan Panitz and Tito Adeyemi | July 11, 2022
One of the most prominent challenges facing global businesses today surrounds the deluge of massive data growth and the risk it presents to companies as the management issues of this data take shape.
By William (Bill) Lobel | July 11, 2022
Cyclical challenges in the economy are nothing new to bankruptcy attorneys and their clients, and 2022 is shaping up to be that kind of year for business owners nationwide. This is likely to result in a greater need for the services of bankruptcy attorneys as business owners face a mounting wave of distressed financial assets.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | July 6, 2022
The Delaware Court of Chancery has broad discretion to tailor a remedy to suit a particular situation. The recovery in a derivative action generally goes to the corporation, but that rule is not absolute.
Delaware Business Court Insider | Commentary
By Cliff C. Gardner and Peyton V. Carper | June 29, 2022
In "pro-sandbagging" states, a buyer's pre-closing knowledge of a breach does not prevent her from bringing a successful claim for breach of warranty. In "anti-sandbagging" states, a buyer who knew (or should have known) that the warranty was untrue is barred from recovering on a claim for breach.
Delaware Business Court Insider | Commentary
By Cheneise V. Wright | June 29, 2022
In BET FRX v. Rebecca Myers, C.A. No. 2019-0894-KSJM (Apr. 27, 2022), the Delaware Court of Chancery granted in part and denied in part in a motion to dismiss minority stockholder claims for breach of the LLC agreement, breach of the implied covenant of good faith and fair dealing, breach of fiduciary duties, directly and derivatively, and judicial dissolution pursuant to 6 Del. C. Section 18-802.
Corporate Counsel | Expert Opinion
By Michael W. Peregrine | June 27, 2022
Some chief legal officers may now balk at participating in the minute-taking process for future board and committee meetings—at least those involving major transactions and other "bet the company" decisions.
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