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Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | January 26, 2022
The Delaware Court of Chancery applied entire fairness review and held that the plaintiff stockholders had stated legally sufficient "nonexculpated claims against the controlling stockholder and directors" of Churchill Capital Corp. III, a SPAC, in connection with its de-SPAC merger with a private operating company.
The Legal Intelligencer | Commentary
By Edward T. Kang and Ryan T. Kirk | January 20, 2022
For practitioners, these Daniel Snyder events provide helpful tips relating to how organizations both large and small should conduct internal investigations.
The Legal Intelligencer | Commentary
By Edward S. Robson | January 19, 2022
Given the dark clouds that quickly form overhead as tensions increase among partners in a partnership, one would assume it would make good business sense, if not common sense, for those partners to look out for each other.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi, Ciro C. Poppiti III and Cheneise V. Wright | January 19, 2022
This year's list focuses, with some exceptions, on the unsung heroes among the many decisions that have not already been widely discussed by the mainstream press or legal trade publications. Links are also provided below to the actual court decisions and longer summaries.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | January 12, 2022
The Supreme Court held that the trustee should be substituted for the nominal defendant and realigned as the plaintiff in the Chancery Action to enable him to pursue the derivative claims previously asserted by the plaintiff in the Chancery Action.
Delaware Business Court Insider | Commentary
By Michael B. Gonen | January 12, 2022
Because the state Legislature has acted in the intervening time, the decision calls into doubt the validity of certain provisions of Delaware's corporate tax laws.
The Legal Intelligencer | Commentary
By Edward S. Robson | December 28, 2021
For some owners of closely-held companies, installing a board of directors may seem more painful than cutting off one of their pinkie fingers.
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa Jr. and Malcolm Bates | December 23, 2021
The bankruptcy court found that because the debtor was already subject to a state court-specific performance order compelling it to take the ancillary steps necessary to close the sale, the contract was no longer executory and could not be rejected.
By Pamela Woods | December 22, 2021
Although more D&O insurers are including allocation provisions in their policies that they assert require allocation and specific methodology for doing so, insureds should read such provisions carefully and narrowly to determine whether they, in fact, should limit the insurer's promise to cover "all loss."
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell and Barnaby Grzaslewicz | December 15, 2021
While parties may discuss the terms of a business arrangement, absent definite agreement on all material terms or a definite promise, these arrangements are generally unenforceable.
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