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
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Chauna A. Abner | April 22, 2020
Amidst the COVID-19 pandemic, the Delaware Court of Chancery recently held that despite a forum selection clause designating New York as the appropriate venue to litigate disputes arising under an agreement, the parties could seek relief in the Court of Chancery because New York courts were unavailable.
Delaware Business Court Insider | Commentary
By Joseph Chase | April 17, 2020
The COVID-19 pandemic has caused a significant slow-down in mergers and acquisitions (M&A). As this situation's seriousness has become apparent, many M&A transactions have been called off.
Delaware Business Court Insider | Commentary
By P. Clarkson Collins Jr. | April 15, 2020
In a recent Court of Chancery opinion, Vice Chancellor Joseph Slights rejected the plaintiff's effort to recharacterize what was essentially an inadequate Caremark claim into a self-interested, unfair dealing claim against the board arising from its termination of a CEO accused of sexual misconduct.
Delaware Business Court Insider | Commentary
By James L. Hallowell, Mark H. Mixon, Jr. and Andrew Kuntz | April 8, 2020
This holding leaves the door open to Delaware corporations adopting additional charter provisions regulating such intra-corporate claims.
Delaware Business Court Insider | Commentary
By Michael R. Lastowski | April 1, 2020
In JKJ Partnership 2011 v. Sanofi-Aventis US, the Delaware Supreme Court, answering certified questions from the U.S. Court of Appeals for the Third Circuit, held that when a partnership replaced one of its original three partners with a new partner, the partnership dissolved.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | April 1, 2020
In Carickhoff, Chapter 7 Trustee v. Goodwin (In re Decade S.A.C.), Chief Bankruptcy Judge Christopher Sontchi refused to grant a motion to stay bankruptcy proceedings pending an appeal to the district court on the grounds that the appeal had divested the bankruptcy court of jurisdiction.
Delaware Business Court Insider | Commentary
By Daniel Eric Gonzalez and Andrew M. Gordon | March 27, 2020
The WARN Act stands for Workers Adjustment and Retraining Notification Act, and is a federal law that requires covered employers to provide employees with a 60-day advanced notice of the layoffs. The failure of an employer to provide the required notice can open it up to a federal lawsuit by employees.
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | March 18, 2020
The Court of Chancery's recent decision in Salladay v. Lev, (Del. Ch. Feb. 27, 2020), denied the director-defendants' attempt to invoke procedural safeguards—a special committee and independent stockholder approval—to dismiss a stockholder suit challenging a going-private merger.
The Legal Intelligencer | Commentary
By Joshua A. Mooney and Richard M. Borden | March 13, 2020
The likelihood of meaningful federal cybersecurity legislation in 2020 remains suspect. Yet, developments in 2019 show that cybersecurity regulation is headed toward a Sarbanes-Oxley model with or without congressional input.
Delaware Business Court Insider | Commentary
By Thomas G. Wilkinson and William E. Gericke | March 11, 2020
Litigators with national practices may work with local counsel more often than not. Those with niche practices handling cases in specialized courts, such as the Delaware Chancery Court, also frequently serve as local counsel to those who are admitted to practice outside the jurisdiction.
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