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
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | April 15, 2021
Today we review a dispute where yet another retailer filed Chapter 11 cases and conducted liquidation sales across multiple locations under the supervision of the bankruptcy court, which entered orders authorizing procedures for the sales and rejecting the underlying leases.
The Legal Intelligencer | Commentary
By Glenn Murphy | April 14, 2021
Whether you are a founder, shareholder, officer, director, executive, or other responsible employee, or a legal adviser to any of them, you will encounter the dissolution and winding up of a business, probably sooner than you expected. In the inevitable event that a business closes its doors, many problems involving intellectual property may be avoided by the exercise of due diligence at the inception and during the life of the business.
Delaware Business Court Insider | Commentary
By Mackenzie M. Wrobel, | April 7, 2021
To amend, or not to amend? That may not be "the question" posed in William Shakespeare's "Hamlet," but it is "the question" a plaintiff should ask itself upon receiving, and before responding to, a motion from the defendant to dismiss a complaint.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | March 31, 2021
Does a defendant in a complaint brought under 10 Del. C. Section 3901 concede or default on the allegations against it by moving to dismiss under Rule 12 only one of the counts in the complaint without first answering the complaint in whole or in part by affidavit?
Delaware Business Court Insider | Commentary
By Joanna J. Cline and Emily L. Wheatley | March 24, 2021
In a recent decision, the Delaware Supreme Court affirmed a ruling of the Delaware Superior Court that Delaware has a more significant relationship than California to a directors' and officers' liability insurance policy (D&O policy), at least when the dispute involves a Delaware corporation and its directors and officers.
The Legal Intelligencer | Commentary
By Daniel Silver and Alexandra Joyce | March 23, 2021
The U.S. District Court for the District of Delaware has long been a preeminent forum for the litigation of intellectual property disputes, particularly patent disputes.
Delaware Business Court Insider | Commentary
By Richard L. Renck | March 17, 2021
While the courts of Delaware have routinely observed that the governance documents for Delaware corporations—the charter and the bylaws—reflect a type of contractual relationship between and among the stockholders, the corporation and the corporation's board of directors, such a contractual relationship does not always give rise to potential claims for breach of contract where directors are alleged to have caused the company to breach specific provisions of a charter.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Marcy J. McLaughlin Smith | March 11, 2021
The common interest doctrine creates an oftentimes frustrating exception to the general rule that disclosure of information to a party outside of the normal attorney-client relationship destroys privilege.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Chauna A. Abner | March 10, 2021
This step-by-step guide was created after many years of "trial and error" and eventual success transferring several cases from the Court of Chancery to Superior Court.
Delaware Business Court Insider | Commentary
By P. Clarkson Collins Jr. | March 10, 2021
In a recent post-trial decision the Delaware Court of Chancery upheld a stockholder challenge to a "poison pill" rights plan adopted by The Williams Companies' board of directors, declaring the plan unenforceable and issuing a mandatory injunction against its continued operation.
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