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 Lewis H. Lazarus | December 18, 2019
Although the Delaware Court of Chancery may order the production of certain electronically stored information, the scope of a books-and-records request is more limited than discovery that may be obtained in a plenary action.
Delaware Business Court Insider | Commentary
By Lawrence J. Kotler | December 18, 2019
In the case of Liquidation Trust of Solutions Liquidation v. David Stienes (In re Solutions Liquidation), the U.S. Bankruptcy Court for the District of Delaware examined the interplay between the scope and extent of a company's exculpation clause versus the scope and extent of Delaware law regarding breach of fiduciary duty claims.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | December 13, 2019
To avoid demand futility and standing requirements for a derivative claim, the plaintiff stockholders in Sheldon v. Pinto Technology Ventures attempted to plead a direct claim for dilution of their voting and economic interests by alleging that several venture capital firms constituted a "control group" of stockholders under Gentile.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | December 11, 2019
A recent Delaware Court of Chancery letter opinion presents an interesting twist concerning the applicability of the attorney-client privilege to emails between a party and his attorneys where the emails were stored on a server controlled by the adverse party.
Delaware Business Court Insider | Commentary
By Sara Thompson | December 11, 2019
Marchand v. Barnhill seemingly breathed new life into the viability of Caremark claims in Delaware.
The Legal Intelligencer | Commentary
By Edward T. Kang | November 27, 2019
Although a European regulation, the GDPR has affected American companies and, as it appears, has also begun to shape American law and policy. GDPR's strict regulations and rules do not simply apply within the EU and the European economic area—it affects anyone who does business with a person living in those countries.
Delaware Business Court Insider | Commentary
By Ellis E. Herington | November 27, 2019
Shareholder inspection of books and records pursuant to Section 220 of the Delaware General Corporation Law is a routine procedure for Delaware practitioners, and represents an important tool for shareholders when it comes to their involvement in corporate governance.
The Legal Intelligencer | Commentary
By Gary M. Sanderson | November 21, 2019
Entities that are about to enter a partnership, merge or perform a transaction would be well-advised to get up to speed on how they handle commercial nondisclosure agreements (NDAs).
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | November 20, 2019
In denying the stockholder's inspection request, Vice Chancellor Joseph R. Slights III acknowledged that the law is "murky" in this area, but reasoned that the court need not answer the question in the abstract, because the circumstances of this case counseled in favor of denying the inspection.
Delaware Business Court Insider | Commentary
By Brian M. Lutz and Jason H. Hilborn | November 13, 2019
Whether a letter to a board is a "demand" matters under Delaware law because it dictates the standard that applies in stockholder-derivative litigation that may arise out of the issues raised in the letter.
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