Delaware Business Court Insider | Commentary
By Lawrence J. Kotler | April 12, 2023
In a recent decision in the case of SC SJ Holdings v. Pillsbury Winthrop Shaw Pittman (In re SC SJ Holdings), Civil Action No., 22-00689 (MN), the U.S. District Court for the District of Delaware (the court) affirmed a May 12, 2012, decision of the U.S. Bankruptcy Court for the District of Delaware (the Bankruptcy Court) denying the debtors' motion for relief from certain releases contained in their confirmed plan (the plan).
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | April 12, 2023
In Hyde Park Venture Partners Fund III v. Fairxchange, the Delaware Court of Chancery reaffirmed the joint client concept of corporate privilege and held that the company could not assert privilege against a former director or his designating investor except as to a books and records demand in which the company and the director were contemporaneously adverse.
Delaware Business Court Insider | News
By Ellen Bardash | April 10, 2023
The report enumerates FTX's internal shortcomings identified in the past five months, from sloppy accounting to leaving hundreds of millions of dollars in easily accessible storage.
By Greg Andrews | April 6, 2023
Corporate governance experts disapprove of public companies' putting a lawyer from an outside law firm on the board. When it happens, SEC transparency rules kick in.
Delaware Business Court Insider | Commentary
By Kaan Ekiner and Mark E. Felger | April 5, 2023
Discovery in a Delaware books and records action involves striking a balance between the right of the parties to prepare for trial and the statutory…
Delaware Business Court Insider | Commentary
By Curtis J. Crowther and Trevor L. Bradley | April 5, 2023
The Delaware Court of Chancery again declined to blue-pencil the restrictive covenant sending a clear reminder to buyers that they must narrowly tailor noncompete and nonsolicitation provisions in purchase agreements and related sale documentation under Delaware law.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | March 28, 2023
In the case of prior or pending litigation exclusions, the policyholder-insurer dispute is typically over whether a later filed claim arises out of the same subject matter or alleged activities as a prior or pending litigation.
By Chris O'Malley | March 23, 2023
"The FTC is looking to even the playing field between company and consumer. Companies must ask whether their off-boarding workflow is as seamless as the onboarding workflow," said Aaron Maguregui, senior counsel at Foley & Lardner.
Delaware Business Court Insider | Commentary
By Cliff C. Gardner and Lauren M. Griffith | March 22, 2023
The Delaware Court of Chancery recently issued two decisions addressing claims arising out of so-called "de-SPAC" mergers. Each decision is quickly becoming required reading for SPAC sponsors, boards and transactional planners.
Daily Business Review | Commentary
By Bessie Antin Daschbach | March 21, 2023
The Florida proposal triggers acute economic and legal questions demanding a watchful and wary eye by financial institutions and their counsel.
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