Mark E Felger

November 06, 2024 | Delaware Business Court Insider

Prior to initiating the Delaware Chancery Court action, Eastern Wholesale sued one of Hudson's affiliates—but not Hudson—in North Carolina. Shortly after the filing of the Chancery action, Hudson moved to dismiss or stay. And due to potential overlapping legal and factual issues, Chancellor Kathaleen St. J. McCormick entered a stay.

By Kaan Ekiner and Mark E. Felger

5 minute read

October 30, 2024 | Delaware Business Court Insider

The Vice Chancellor's decision illustrates the court's discretion and, in this instance, common-sense approach to requiring a bond in the context of provisional relief.

By Kaan Ekiner and Mark E. Felger

6 minute read

October 30, 2024 | Delaware Business Court Insider

The court was careful to confine its ruling to precisely the foregoing, and expressed no opinion on plan releases other than nonconsensual ones. In particular, the court was careful to note, "Nothing in what we have said should be construed to call into question consensual third-party releases offered in connection with a bankruptcy reorganization plan."

By Mark E. Felger and Simon E. Fraser

8 minute read

August 28, 2024 | Delaware Business Court Insider

In the wake of the U.S. Supreme Court's landmark decision this June in Harrington v. Purdue Pharma, the U.S. Bankruptcy Court for the District of Delaware recently addressed a question left open by the Supreme Court—whether a bankruptcy court may still issue a preliminary (i.e., temporary) injunction of a creditor's claims against a nondebtor.

By Mark E. Felger and Simon E. Fraser

7 minute read

July 03, 2024 | Delaware Business Court Insider

In August 2022, Giant/Alpha allegedly used its controlling position in Playtika to cause the Playtika board to engage in a self-tender. In a previous ruling, Vice Chancellor Sam Glasscock found that the transaction conferred Giant/Alpha a nonratable benefit and denied Giant/Alpha's motion to dismiss claims against it arising from the transaction.

By Kaan Ekiner and Mark E. Felger

8 minute read

May 01, 2024 | Delaware Business Court Insider

In Pilot v. Greg Abel, Vice Chancellor Morgan T. Zurn granted a motion to strike the defenses of unclean hands and in pari delicto because the defenses lacked a sufficient nexus to the contractual claims asserted by the plaintiff.

By Kaan Ekiner and Mark E. Felger

8 minute read

March 06, 2024 | Delaware Business Court Insider

In Ramco Asset Management v. USA Rare Earth, 2023 WL 6939263 (Del. Ch. Oct. 20, 2023), Vice Chancellor Sam Glasscock III considered jurisdictional…

By Kaan Ekiner and Mark E. Felger

8 minute read

January 17, 2024 | Delaware Business Court Insider

A Nov. 14 opinion from the U.S. Bankruptcy Court for the District of Delaware provides a reminder of the potentially severe punishment that a party can suffer as a result of its violation of the automatic stay of Section 362 of the Bankruptcy Code, even if the debtor does not suffer any actual damages as a result of the violation.

By Mark E. Felger and Simon E. Fraser

6 minute read

December 27, 2023 | Delaware Business Court Insider

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.

By Mark E. Felger and Kaan Ekiner

8 minute read

November 01, 2023 | Delaware Business Court Insider

The court's confirmation of the award demonstrates the extent to which a court will go to confirm an arbitration award even where, as the vice chancellor found, the arbitration proceeding and the resulting award were flawed.

By Kaan Ekiner and Mark E. Felger

9 minute read