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
Delaware Business Court Insider | Commentary
By Molly DiBianca | August 17, 2022
In a recent decision, Metro Storage International, v. Harron, C.A. No. 2018-0937-JTL (Del. Ch. May 4, 2022), the Delaware Court of Chancery made clear that executives who engage in double dealing will pay a high price for their bad acts.
Delaware Business Court Insider | Commentary
By Robert B. Greco and Brian T.M. Mammarella | August 17, 2022
Where a literal reading yields a result at odds with what the drafters would have reasonably intended (which itself derives from the commercial context evidenced in plain terms throughout the instrument), literal meaning gives way to a more nuanced "objective" meaning. This article explores the application of this key precept in the interpretation of charters and bylaws.
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa Jr. and Drew S. McGehrin | August 11, 2022
In re McGinn provides an example of a bankruptcy court's duties to weigh the often competing interests between the general policy of a "fresh start" conferred through a successful bankruptcy case against interests of fairness to parties who have suffered significant injuries willfully caused by the debtor.
Delaware Business Court Insider | Commentary
By Michael B. Gonen | August 10, 2022
Delaware Supreme Court affirms dismissal on SLC's motion, refusing to apply "Caesar's Wife" standard of "above reproach" to multi-member SLCs.
Delaware Business Court Insider | Commentary
By T. Brad Davey, Mathew A. Golden and Matthew D. Venuti | August 3, 2022
The Delaware legislature has passed a bill to amend Section 102(b)(7) of the General Corporation Law of the State of Delaware to alter the scope of monetary liability for officers of Delaware corporations. Specifically, the amendments extend the opportunity for Delaware corporations to exculpate their officers, in addition to their directors, for monetary liability for certain breaches of fiduciary duty.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | August 3, 2022
Can the Delaware Court of Chancery award damages to a defendant who was improperly enjoined by an order that dispensed with the need for a bond because of the parties' prior contractual waiver that a bond be required?
Delaware Business Court Insider | Commentary
By Kate Roggio Buck and Shannon Dougherty Humiston | July 27, 2022
The U.S. Bankruptcy Court for the District of Delaware declared on July 14 that creditors known to debtors prior to filing for Chapter 11 bankruptcy that did not receive actual notice of the bankruptcy cases may pursue claims in the venue of their choice.
The Legal Intelligencer | Commentary
By Courtney C.T. Horrigan, Elizabeth L. Taylor and Kya R. Coletta | July 21, 2022
The California court's interpretation turns the duty to defend on its head by going beyond the words in the complaint to infer the plaintiffs' case theory, rather than construing defense coverage broadly to protect the policyholder.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | July 20, 2022
When director actions affect an election of directors or a stockholder vote on matters of corporate control, the board's actions must satisfy enhanced scrutiny under the legal test set forth in Blasius Industries v. Atlas.
By William (Bill) Lobel | July 11, 2022
Cyclical challenges in the economy are nothing new to bankruptcy attorneys and their clients, and 2022 is shaping up to be that kind of year for business owners nationwide. This is likely to result in a greater need for the services of bankruptcy attorneys as business owners face a mounting wave of distressed financial assets.
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