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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 | 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.
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Geoffrey A. Heaton | March 27, 2023
In a recently published decision, In re Masingale, 644 B.R. 530 (9th Cir. BAP 2022), the U.S. Bankruptcy Appellate Panel for the U.S. Court of Appeals for the Ninth Circuit (the BAP) held that in the absence of a timely objection, debtors who claimed a homestead exemption of "100% of FMV" in their residence had a valid exemption claim for the full fair market value of the property, including post-petition appreciation.
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.
Delaware Business Court Insider | Commentary
By R. Eric Hacker | March 15, 2023
A recent case, Soligenix v. Emergent Product Development Gaithersburg, called upon the Court of Chancery to answer the related questions of whether arbitration materials automatically qualify for confidential treatment under Court of Chancery Rule 5.1.
By Stephen Blake and Jordan Lamothe | March 9, 2023
There has been a noticeable increase in the frequency of Caremark claims over the past four years, and this trend carries significant implications for companies' design of their oversight structures, as well as for the potential liability of directors and officers, according to Stephen Blake and Jordan Lamothe of Simpson Thacher & Bartlett.
Delaware Business Court Insider | Commentary
By Mark E. Felger and Simon E. Fraser | March 8, 2023
Chancellor Kathaleen St. Jude McCormick, sitting by designation on the Delaware Superior Court, recently issued an opinion that should serve as a reminder of the harsh consequences that a party may suffer if it fails to properly preserve evidence in the lead-up to litigation.
Delaware Business Court Insider | Commentary
By Richard L. Renck | March 1, 2023
The Delaware's Court of Chancery recently issued its memorandum opinion in Hightower Holding v. Gibson, addressing the applicability of a Delaware choice-of-law clause in certain agreements that contained restrictive covenants, including a covenant not to compete.
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller and Daniel S. Barrow | March 1, 2023
In Lordstown, the court makes clear that Section 205 of the Delaware General Corporation Law (the DGCL) is available as an equitable, efficient, and effective judicial path to validate certificates of incorporation and shares issued in reliance thereon that, following the Boxed opinion, were the subject of some uncertainty.
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