Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
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.
New York Law Journal | Commentary
By Thomas J. Hall and Judith A. Archer | February 16, 2023
Even where a president's authority to authorize a corporation to commence litigation is lacking, however, a corporate president who is also a stockholder of the corporation may be able to seek relief for the corporation through a shareholder derivative action, contributors Thomas J. Hall and Judith A. Archer write.
The Legal Intelligencer | Commentary
By Akum Singh and Sean Coughlin | February 13, 2023
The extreme volatility of the crypto market initially caused market highs followed by market declines as high inflation, raising interest rates, and external factors like the Russian attack on Ukraine caused extreme macroeconomic concerns for the market.
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Roxanne J. Indelicato | February 9, 2023
In a recent decision, In re HONX, No 22-90035 (Bankr. S.D. Tex. Dec. 28, 2022), the U.S. Bankruptcy Court for the Southern District of Texas (the court) addressed whether a debtor that has no independent assets or ongoing business operations can reorganize under Chapter 11 in good faith.
Delaware Business Court Insider | Commentary
By Molly DiBianca | February 8, 2023
The enforceability of restrictive covenants, both in Delaware and across the country, is an issue in a state of flux. A recent decision by the Delaware Court of Chancery serves to highlight the court's hesitance to enforce noncompetes in Delaware and the rule recently proposed by the FTC would eliminate noncompetes entirely.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | February 8, 2023
While the Stone v. Ritter decision only recognized the oversight duties of directors, three years later, the Delaware Supreme Court ruled that "the fiduciary duties of officers are the same as those of directors." See Gantler v. Stephens, 965 A.2d 695, 709 (Del. 2009).
The Legal Intelligencer | Commentary
By Francis J. Lawall and Brenden Dahrouge | February 2, 2023
On Jan. 5, the U.S. Court of Appeals for the Fifth Circuit recently provided some additional color to the abstention issue by ruling that the U.S. Bankruptcy Court for the Southern District of Texas lacked jurisdiction to decide an exclusively state-governed question related to emergency energy price controls.
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