By Philip Favro, Driven | October 27, 2021
New decisions to know out of federal and chancery court address discovery practices regarding workplace collaboration tools, categorical privilege logs, and data from non-traditional sources like the Internet of Things.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Cheneise V. Wright | October 20, 2021
A recent Delaware Court of Chancery opinion applied an exception to the general rule that Delaware courts will often exercise their discretion to dismiss or stay a Delaware action in favor of a first-filed action between the parties that is pending in another jurisdiction.
Delaware Business Court Insider | Commentary
By Kenya Parrish-Dixon and Michael Marciano | October 20, 2021
The U.S. doesn't have a federal cybersecurity law, but that doesn't mean there is no cybersecurity industry standard. The combination of older regulations and guidance with new state statutes and federal guidelines provide a basket weave of compliance.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | October 14, 2021
U.S. Bankruptcy Court Judge John T. Dorsey for the District of Delaware ruled that a supplier's receipt of payment under a critical vendor order does not bar the debtor or trustee from pursuing a preference claim to recover amounts paid prepetition to the vendor.
The Legal Intelligencer | Commentary
By Edward T. Kang | October 14, 2021
This column examines these amendments, the history behind Delaware's prominence in the realm of corporate law, and discusses some key differences between LLCs and corporations.
Delaware Business Court Insider | Commentary
By Lawrence J. Kotler | October 13, 2021
Recently, the U.S. Bankruptcy Court for the District of Delaware issued a memorandum opinion in support of oral ruling pursuant to Local Bankruptcy 8003-2, granting the motion of Robert Weinstein for entry of an order enforcing the sale order and granting related relief.
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa Jr. and Drew S. McGehrin | October 7, 2021
The Bankruptcy Code confers upon debtors or trustees, as the case may be, the power to avoid certain preferential or fraudulent transfers made to creditors within prescribed guidelines and limitations.
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | September 29, 2021
In affirming the Delaware Court of Chancery's decision, the high court concurred with the court-below's articulation of a new three-part standard to assess whether a derivative plaintiff meets her pleading burden to show that a pre-suit demand upon the board would have been futile.
Delaware Business Court Insider | Commentary
By Kimberly A. Brown and Joshua J. Scorziello | September 22, 2021
With data and other electronic security breaches on the rise and work from home being part of the new "normal," there is no better time to make sure you are satisfying your ethical and legal obligations as a Delaware lawyer to protect your client's confidential information.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Marcy J. McLaughlin Smith | September 10, 2021
A recent case of first impression from the U.S. Court of Appeals for the Third Circuit provides guidance on this important decision for those claims that arise during the period between plan confirmation and the plan's effective date.
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