Law Offices of Gary Martin Hays & Associates
P.C.
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Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
Delaware Business Court Insider | Commentary
By Kaan Ekiner and Mark Felger | February 1, 2023
In recent years, litigation over financial projections has increased in frequency. These claims, sometimes involving allegations of fraud, are typically decided by the Delaware Court of Chancery or the Delaware Superior Court's Complex Commercial Litigation Division.
Delaware Business Court Insider | Commentary
By Michael P. Maxwell and Alyssa Gerace Frank | February 1, 2023
'Twas the week before Christmas, and the Delaware Supreme Court delivered an early present to Loews Corp.: a resounding reversal of a 2021 Delaware Court of Chancery ruling excoriating the entire process through which Boardwalk Pipeline Partners' general partner took the company private and awarding the plaintiff investors with nearly $700 million in damages, plus interest.
Delaware Business Court Insider | Commentary
By Benjamin A. Smyth | January 25, 2023
Restrictive covenants—like noncompetition and nonsolicitation provisions—are common. A recent decision by the Delaware Court of Chancery is important to understanding how restrictive covenants can be used and makes clear that the covenant cannot be overly broad, even if the parties have agreed that it is "reasonable."
Delaware Business Court Insider | Commentary
By David J. Margules | January 25, 2023
Delaware's Supreme Court unanimously overturned a landmark Chancery Court judgment holding a general partner liable for exercising an option to cash out minority holders in bad faith reliance on a "contrived" legal opinion.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Sean M. Brennecke | January 18, 2023
This list highlights notable decisions that should be of widespread interest to those who work in the corporate and commercial litigation field or who follow the latest developments in this area of Delaware law.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Sean M. Brennecke | January 11, 2023
This list does not attempt to include all important decisions of those two courts that were rendered in 2022. Instead, this list highlights notable decisions that should be of widespread interest to those who work in the corporate and commercial litigation field or who follow the latest developments in this area of Delaware law.
Delaware Business Court Insider | Commentary
By Cliff C. Gardner and Andrew Kinsey | January 4, 2023
On Nov. 18, 2022, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery issued an opinion that provides a helpful roadmap for future litigants seeking discovery from foreign nonparties. In In re Cote d'Azur Estate, the court granted a plaintiff's request for the issuance of a letter of request to "obtain the assistance of the central authority in Switzerland to facilitate discovery."
Delaware Business Court Insider | Commentary
By Mark E. Felger and Simon E. Fraser | January 4, 2023
Following this decision, the ability of a party-in-interest to obtain an order from the bankruptcy court de-designating a subchapter V case is uncertain.
The Legal Intelligencer | Commentary
By Edward S. Robson | December 30, 2022
The rule, besides explaining what a derivative complaint must include, prevents a plaintiff from bringing a derivative lawsuit if the plaintiff "does not fairly and adequately represent the interests of shareholders or members who are similarly situated in enforcing the right of the corporation or association."
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | December 28, 2022
The Delaware Court of Chancery largely rejected arguments that laches barred fiduciary duty claims against AmerisourceBergen's directors and officers for acting in bad faith by disregarding red flags in safety reporting and monitoring systems and knowingly operating the business in a manner to violate positive law.
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