By Tom McParland | July 12, 2021
The derivative complaint alleged that Elon Musk breached his fiduciary duties and unjustly enriched himself by pursuing the struggling SolarCity, in which he was the largest investor.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | July 7, 2021
A proper balance between the stockholders' right to elect directors and the board's right to manage the company is dependent on the stockholders' unimpeded right to vote in an election of directors.
Delaware Business Court Insider | News
By Tom McParland | July 6, 2021
The derivative complaint alleged that Elon Musk breached his fiduciary duties and unjustly enriched himself by pursuing the struggling SolarCity, in which he was the largest investor.
Delaware Business Court Insider | News
By Ellen Bardash | June 30, 2021
The bill would limit a business to filing Chapter 11 cases in the federal district where its principal place of business or assets are located. One Delaware lawyer said if passed, the measure could have a dramatic—but unneeded—effect.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | June 30, 2021
What law determines whether a "business trust" may be an eligible debtor under Chapter 11? There is a split of authority as to whether the law of the jurisdiction in which the trust resides or federal common law controls.
The Legal Intelligencer | Commentary
By Edward T. Kang | June 24, 2021
One of the primary benefits of organizing a business as a corporation (or similar entity) is limited liability protection.
Delaware Business Court Insider | Commentary
By Sara Thompson | June 23, 2021
Section 220 of the General Corporation Law of the State of Delaware provides stockholders with the right to inspect the books and records of a corporation for a "proper purpose" that is "reasonably related to such person's interest as a stockholder."
The Legal Intelligencer | Commentary
By Sara Thompson | June 23, 2021
Section 220 of the General Corporation Law of the State of Delaware provides stockholders with the right to inspect the books and records of a corporation for a "proper purpose" that is "reasonably related to such person's interest as a stockholder."
Delaware Business Court Insider | Commentary
By Jarret P. Hitchings | June 16, 2021
In most cases, courts are presented with competing experts offering damage valuations based on estimates, forecasts, projections and discounts, and are then tasked with rending this information into a monetary amount sufficient to compensate a party for its injury.
By Jasmine Floyd | June 15, 2021
"What I think this verdict shows that fading memory and passage of time is not something tobacco companies can exploit," attorney Austin Carr said. "They are not going to be able to delay a case."
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