By Corinne Ball | December 27, 2023
In her Distress Mergers and Acquisitions column, Corinne Ball discusses the recent case "In re Envision Healthcare Corp," where the Bankruptcy Court for the Southern District of Texas confronted an apparent conflict between applicable Delaware law and the Bankruptcy Code, determining that the Bankruptcy Code overrides state law and protects a debtor from expulsion by its fellow LLC members.
Delaware Business Court Insider | Commentary
By Mark E. Felger and Kaan Ekiner | December 27, 2023
The Delaware Court of Chancery considered whether a stockholder of a publicly traded company was entitled to inspect the books and records of the public company's nonpublic subsidiary for the stated purpose of "more accurately" valuing the public corporation's publicly traded shares.
Delaware Business Court Insider | Commentary
By Cliff C. Gardner, Peyton V. Carper and Sukhandeep Kaur | December 20, 2023
Publicly traded corporations increasingly adopted exclusive forum provisions to reduce the risk of burdensome and costly multijurisdictional stockholder litigation. State and federal courts around the country regularly enforced the provisions, dismissing cases not brought in the specified jurisdiction.
Delaware Business Court Insider | News
By Ellen Bardash | December 19, 2023
It's the first time the state's high court has officially addressed whether or not a Delaware judge can take adjudicative notice of factual findings from another court,.
The Legal Intelligencer | Commentary
By Ashleigh Taylor | December 19, 2023
Given the CTA's sweeping scope and the extensive information required for compliance, the new legislation will undoubtedly have significant impacts on middle market M&As moving forward.
Delaware Business Court Insider | Analysis
By Ellen Bardash | December 18, 2023
The Court of Chancery and Delaware Supreme Court hammered home several key points multiple times throughout 2023, signaling to litigators that they may want to keep them in mind as they head into the new year.
Corporate Counsel | Expert Opinion
By Michael W. Peregrine | December 14, 2023
One of the key governance issues of 2023 has been the increasing conflict between the board and its chief executive officer on their respective roles; i.e., the hazy line between governance and management. It's a conflict that can extend to the role and function of the general counsel.
By Cassandre Coyer | December 13, 2023
Legaltech News caught up with Lothar Determann, author of the upcoming Determann's Field Guide to Artificial Intelligence Law, to discuss whether cross-disciplinary compliance efforts to AI are truly possible, whether data privacy laws are the right tools to regulate generative AI and more.
Delaware Business Court Insider | News
By Ellen Bardash | December 13, 2023
It's time to draw some lines on where so-called "MFW creep" ends, Delaware Supreme Court justices said during argument in the Match Group shareholder appeal.
By Ellen Bardash | December 13, 2023
It's time to draw some lines on where so-called "MFW creep" ends, Delaware Supreme Court justices said during argument in the Match Group shareholder appeal.
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