Ellen Bardash is ALM's reporter covering Delaware litigation for Delaware Law Weekly and Delaware Business Court Insider. She can be contacted at [email protected], on Twitter @Dellenware or on Threads @ellenbardash.
November 07, 2024 | Delaware Business Court Insider
Supermajority Shareholder Approval Not Required for Nevada ConversionVice Chancellor Paul A. Fioravanti Jr.'s opinion stated language in one section of the digital media company's charter doesn't apply to the conversion based on Delaware precedent, marking a win for attorneys at Wilson Sonsini Goodrich & Rosati and Latham & Watkins.
By Ellen Bardash
3 minute read
November 07, 2024 | Litigation Daily
A Look Back at 'Goldman Sachs': How Price Impact Is Changing Securities Class Actions"Courts have started to apply the 'Goldman' framework in the context of class certification," said Sullivan & Cromwell co-chair Robert Giuffra, who represented the bank in the case the Second Circuit decided a little more than a year ago. "And so it's becoming the new thing in securities litigation, at least in the context of event-driven litigation."
By Ellen Bardash
5 minute read
November 06, 2024 | Delaware Business Court Insider
Boy Scouts Bankruptcy Appeal Raises Questions on Mootness, ReleasesFor those who have already received compensation, a lawyer representing abuse victims said, it's come at a personal cost, as the terms of the effective plan have required them to answer 81-page questionnaires, sit for depositions and ask others to submit affidavits as proof of their scouting involvement.
By Ellen Bardash
4 minute read
November 05, 2024 | Delaware Business Court Insider
The 'Next Battleground' in Chapter 11: Third Circuit Set to Weigh Opt-Out ReleasesA subset of sexual abuse accusers whose compensation is a key part of the plan and a group of Boy Scout insurers—have spent years challenging third-party releases that were made part of a global settlement.
By Ellen Bardash
5 minute read
November 04, 2024 | Delaware Business Court Insider
Veteran Delaware DOJ Lawyer Has Become New Magistrate in ChanceryThe new addition is expected to increase the capacity of the business court as part of a "sustained expansion."
By Ellen Bardash
2 minute read
October 30, 2024 | Delaware Business Court Insider
Justices: Can Delaware Courts Put a Price Tag on Corporate Move to Nevada?Chief Justice Collins J. Seitz Jr. and two associate justices focused on what would give Delaware courts authority to weigh the pros and cons of corporate redomestication.
By Ellen Bardash
4 minute read
October 28, 2024 | The Recorder
SEC Seeks Court Order Sanctioning Elon Musk for Testimony No-ShowMusk's attorney said reimbursing the SEC for duplicative travel would be a fair remedy, but an SEC lawyer said a deterrent was needed.
By Ellen Bardash
4 minute read
October 23, 2024 | Delaware Business Court Insider
Supreme Court Asked If Ellison's Plans Affected Oracle's NetSuite AcquisitionCounsel for shareholders said Larry Ellison's plans for NetSuite post-acquisition should have been disclosed to the special committee considering the deal.
By Ellen Bardash
3 minute read
October 22, 2024 | New York Law Journal
Purchaser Representative in Truth Social Deal Seeks Trump Media RecordsMorrison & Foerster filed the complaint on Monday in the New York Supreme Court's commercial division on behalf of purchaser representative in the deal that closed in March.
By Ellen Bardash
3 minute read
October 17, 2024 | Delaware Business Court Insider
Four Delaware Supreme Court Arguments to Pay Attention to This FallClosely-watched cases could have implications for areas of corporate law that have come up repeatedly in attorneys' conversations this year and in 2023, including controlling shareholders, out-of-state incorporations and how much leeway the Court of Chancery has in reviewing arbitration awards and non-competes.
By Ellen Bardash
6 minute read
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