Delaware Business Court Insider | Commentary
By Mark E. Felger and Simon E. Fraser | May 3, 2023
The Delaware bankruptcy court ruled that a plaintiff need not explicitly plead its "due diligence" in investigating its preference cause of action. Rather, a general allegation under Federal Rule of Civil Procedure 9(c) that "all conditions precedent have occurred" suffices.
By Isha Marathe | April 28, 2023
Corporate legal departments are slow to come to terms with generative AI technology, yet vendors are keen to get a head start on incorporating the disruptive tech into their offerings. Finding a middle ground will require disclosure and communication.
By Greg Andrews | April 27, 2023
In this climate of heightened scrutiny, employees need to avoid using words like "dominate," "control," "leverage" or even "barriers to entry—all terms that could be used against a business in an enforcement action.
By Chris O'Malley | April 27, 2023
At the same time, activists also are advocating for reforms on core business issues, such as executive pay and stock structures that give insiders outsized voting rights.
Delaware Business Court Insider | News
By Ellen Bardash | April 26, 2023
Attorneys told the Delaware Supreme Court to revive a complaint that alleges SolarWinds failed to conduct proper oversight that could have maintained the company's cybersecurity.
By Christine Schiffner | April 26, 2023
"Now is the time for companies to closely review their existing disclosures on file and make sure the activities they have chosen to disclose are commensurate with the disclosure," says Skadden partner Anita Bandy.
Delaware Business Court Insider | News
By Ellen Bardash | April 24, 2023
The shareholder plaintiffs argue unless and until the companies are actually moved to Nevada, they're governed by Delaware law, which requires a shareholder vote before a Delaware-incorporated state can be reorganized anywhere else.
By Dan Roe | April 24, 2023
The company, led by Miami plaintiff lawyer John Ruiz, is restating its post-IPO financials after disclosing accounting failures.
By Chris O'Malley | April 20, 2023
Regulators are expanding reporting requirements, and non-compliant companies could face financial liabilities.
The American Lawyer | Analysis
By Dan Roe | April 20, 2023
After a disastrous IPO, the company continued to value some of its assets at pre-IPO share prices.
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