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Delaware Business Court Insider
By Ellen Bardash | January 4, 2022
Vice Chancellor Lori Will wrote while the issues involved in the case are a first for the court because they do involve a SPAC, Delaware fiduciary principles apply as they would to any other public company.
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell and Barnaby Grzaslewicz | December 15, 2021
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.
Delaware Business Court Insider
By Ellen Bardash | December 8, 2021
The shareholders' appeal states it's asking the court to apply Delaware's appraisal statute to determine for the first time whether, for appraisal purposes, a dividend paid after a merger closed can be considered part of the merger, as well as that dividend's effect on appraisal rights.
By Dan Roe | December 8, 2021
Lenders' wait-and-see approach has kept bankruptcy filings suppressed, but lawyers are expecting that tide to turn by as soon as next year.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | December 8, 2021
The vested rights doctrine allows a property developer to proceed with a project under the rules and regulations in place at the time that its rights vested, despite subsequent changes to the law.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | December 8, 2021
A plaintiff seeking to bring derivative claims on behalf of a Delaware corporation bears a heavy burden if she has not made demand and seeks to demonstrate that demand would be futile based on directors' alleged substantial risk of personal liability from approving the transaction under attack.
Corporate Counsel | Expert Opinion
By Jonathan Drimmer, Tara Giunta and Nicola Bonucci | December 6, 2021
The list includes some new regulatory obligations, some new rights that have been recognized, some themes from 2021 that will continue into next year, and a few oldies but goodies.
National Law Journal | Expert Opinion
By Gary L. Azorsky and Raymond M. Sarola | December 2, 2021
In its 10-year existence the SEC's whistleblower program has recovered nearly $5 billion in actions that were initiated or assisted by whistleblower tips and paid over $1 billion in awards to those whistleblowers.
Daily Business Review | News|Q&A
By Jasmine Floyd | December 2, 2021
"With the heavy push to get Mergers and Acquisitions deals across all industries done before calendar year-end, I would expect that we're going to see some of these deals spill over into the first quarter," partner David Seifer said.
Delaware Business Court Insider | News
By Aleeza Furman | November 24, 2021
Vice Chancellor Sam Glasscock III found that the plaintiff did not demonstrate that the defendants acted in bad faith when they approved a debt issuance transaction, giving the defendants cause to dismiss the suit.
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