New York Law Journal | Commentary
By Ed Neiger | September 10, 2021
Johnson & Johnson is considering offloading liabilities from its talc litigation into a newly created subsidiary that would then seek bankruptcy protection.
The Legal Intelligencer | Commentary
By Courtney Horrigan, Stephanie Gee and Kya Coletta | September 9, 2021
This article explores the unique challenges facing SPACs and their sponsors when structuring a D&O liability insurance program.
The Legal Intelligencer | Commentary
By Edward T. Kang and Ryan T. Kirk | September 9, 2021
In this column, we discuss Mortimer, the enterprise theory of liability generally, and the common sequencing decisions plaintiffs need to make when bringing a veil piercing claim.
Delaware Business Court Insider | Commentary
By Lawrence J. Kotler | September 8, 2021
The U.S. Bankruptcy Court for the District of Delaware addressed the issue of whether the Office of the United States Trustee (OUST) could collect its quarterly fees against assets that were previously transferred to a litigation trust free and clear of any and all claims, liens and other encumbrances pursuant to a confirmed plan of liquidation.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | September 8, 2021
A stockholder complaining about a merger transaction materially enhances her prospects of overcoming a motion to dismiss if she can allege self-dealing by a controlling stockholder or that the transaction involves a change of control, thereby invoking the entire fairness standard of review or enhanced scrutiny.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | September 1, 2021
Chancery Rule 4(d) specifies how service of a summons and complaint shall be made and specifies the manner of personal service upon various classes of defendants. Rule 4(d)(7) allows for an order directing a different or an additional mode of service of a summons in a special case.
Delaware Business Court Insider | Commentary
By Philip D. Amoa and Scott J. Seger | August 25, 2021
The 2021 amendments to the Delaware General Corporation Law, the Delaware Revised Uniform Partnership Act, the Delaware Revised Uniform Limited Partnership Act and the Delaware Limited Liability Company Act went into effect Aug. 1.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Chauna A. Abner | August 18, 2021
The revised guidelines include practice tips on remote courtroom proceedings—a necessary consequence of the pandemic that will likely remain a permanent feature of Chancery practice to some degree.
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller and Brian T.M. Mammarella | August 18, 2021
Delaware courts have recently applied the once-obscure theory to serve at least three distinct doctrinal ends. This article describes, at a high level, what fraud on the board is by pinpointing the various doctrinal roles it has played in three recent opinions issued by the Delaware Court of Chancery.
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa Jr. and Keri L. Costello | August 12, 2021
Because the financing statements identified the individual debtor with his middle name abbreviated, the court concluded that the financing statements were defective and, therefore, that the lender's security interest had not been perfected.
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