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 Barry M. Klayman and Mark E. Felger | July 6, 2022
The Delaware Court of Chancery has broad discretion to tailor a remedy to suit a particular situation. The recovery in a derivative action generally goes to the corporation, but that rule is not absolute.
Delaware Business Court Insider | Commentary
By Cliff C. Gardner and Peyton V. Carper | June 29, 2022
In "pro-sandbagging" states, a buyer's pre-closing knowledge of a breach does not prevent her from bringing a successful claim for breach of warranty. In "anti-sandbagging" states, a buyer who knew (or should have known) that the warranty was untrue is barred from recovering on a claim for breach.
Delaware Business Court Insider | Commentary
By Cheneise V. Wright | June 29, 2022
In BET FRX v. Rebecca Myers, C.A. No. 2019-0894-KSJM (Apr. 27, 2022), the Delaware Court of Chancery granted in part and denied in part in a motion to dismiss minority stockholder claims for breach of the LLC agreement, breach of the implied covenant of good faith and fair dealing, breach of fiduciary duties, directly and derivatively, and judicial dissolution pursuant to 6 Del. C. Section 18-802.
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa Jr. and George W. Fitting | June 24, 2022
Section 327(a) of the Bankruptcy Code allows debtors to employ estate professionals. The section requires these professionals to be "disinterested persons" who "do not hold or represent an interest adverse to the bankruptcy estate."
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller | June 22, 2022
In Stream TV Networks v. SeeCubic, the Delaware Supreme Court vacated a permanent injunction imposed by the Delaware Court of Chancery that prohibited Stream TV Networks, Inc. and the Rajan brothers, who collectively held a majority of the company's stock, from blocking a negotiated transfer of all of Stream's assets to satisfy its secured creditors.
Delaware Business Court Insider | Commentary
By Jarret P. Hitchings | June 15, 2022
Strangers to the insolvency profession might be surprised to learn that it is often expensive to go bankrupt. Indeed, the high cost associated with obtaining relief under Chapter 11 of the federal Bankruptcy Code is a routine criticism of the federal bankruptcy scheme and an issue many commentators argue is ripe for reform.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Marcy J. McLaughlin Smith | June 9, 2022
A recent letter ruling by the Delaware Bankruptcy Court in Mesabi Metallics v. Cleveland-Cliffs, may provide some relief to a nonparty, and change a party's cost-benefit analysis when deciding whether to issue a third party subpoena.
Delaware Business Court Insider | Commentary
By Donna M. Glover | June 8, 2022
Employers with at least 25 employees are subject to these parental, family caregiving and medical leave provisions.
The Legal Intelligencer | Commentary
By Maxwell Briskman Stanfield | June 1, 2022
As ESG standards eventually become a requirement, rather than window dressing, corporate attorneys and firm leaders must provide counsel and implement internal policies that match investors and their clients' desires.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | June 1, 2022
Where two halves of a deadlocked board are competing in a proxy contest, can one half assert the corporation's privilege against the other?
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