Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | September 2, 2020
A creditor on behalf of the company sues its controllers and advisors for looting the company, and the company files for bankruptcy, which stays the litigation and shifts the authority to pursue the claims from the creditors to a Chapter 7 trustee.
Delaware Business Court Insider | Commentary
By P. Clarkson Collins Jr. | August 26, 2020
The Delaware Court of Chancery's latest decision in the Manti Holdings v. Authentix Acquisition, stockholder appraisal litigation provides additional clarity about the ability of corporate constituents to modify by agreement the rights associated with the statutory appraisal remedy, 8 Del. C. Section 262.
The Legal Intelligencer | Commentary
By Geneva Campbell Brown and Stephanie Win Hu | August 25, 2020
As in-house lawyers, you can really add value by providing business-first solutions and tailoring your legal analysis to the specific possibilities and limits of the business.
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller and Brian T.M. Mammarella | August 19, 2020
Since Olenik, each of the three published Court of Chancery opinions substantively addressing whether transacting parties met the ab initio requirement held that the parties failed. This article elucidates the contours of the ab initio requirement by mining fact-based guideposts from those three cases.
The Legal Intelligencer | Commentary
By Kevin B. Watson | August 15, 2020
Prior to March 2019, the economy was on a roll. Construction spending was robust and contractors in virtually every industry were enjoying record years. COVID-19 changed the game overnight.
Delaware Business Court Insider | Commentary
By Jason J. Mendro and Jeffrey S. Rosenberg | August 12, 2020
Plaintiffs are eager to convert every corporate trauma into derivative claims, but they are anything but eager to confront the exacting standards for pleading and proving bad faith oversight under Caremark.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | August 5, 2020
Who controls the privilege for a seller's pre-sale attorney-client communications in the case of an asset purchase transaction?
Delaware Business Court Insider | Commentary
By Courtney Horrigan and Stephanie Gee | August 4, 2020
In these times of increased risk to directors and officers, businesses should understand the current trends in the marketplace and the practical steps they can take to best position themselves for a successful renewal.
The Legal Intelligencer | Commentary
By Katayun I. Jaffari and Lindsey M. Stillwell | August 3, 2020
This article investigates the current state of disclosure requirements as well as how companies are approaching ESG disclosure demands and the opponents to such demands.
Delaware Business Court Insider | Commentary
By Benyamin S. Ross, Mark H. Mixon Jr. and Reginald J. Glosson | July 29, 2020
In the context of limited liability companies, a right of first refusal (ROFR) limits the ability of an equityholder to transfer equity to a third party without first offering other existing equityholders a right to match the third party's offer.
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