By Nathan Cox and R. Heath Cheek | June 25, 2024
"The expected benefit and overarching goal of the Business Courts is to provide a more efficient and predictable forum for larger, more complex civil litigation facing Texas businesses," write Nathan Cox and R. Heath Cheek.
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Geoffrey A. Heaton | June 24, 2024
In a recent published decision, the U.S. Court of Appeals for the Ninth Circuit addressed a previously unresolved question in that circuit: whether a debtor's failure to properly schedule a debt in an "asset case" renders the debt nondischargeable.
Delaware Business Court Insider | Commentary
By Howard W. Robertson IV | June 19, 2024
The Delaware Court of Chancery recently had the opportunity to weigh in on a plaintiff's unique theory of director and officer fiduciary duties arising out of the stakeholder capitalism model of corporate governance.
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | June 19, 2024
In the recent decision of In re Hennessy Capital Acquisition IV Shareholder Litigation, the Delaware Court of Chancery observed that the ensuing "abundance of SPAC fiduciary duty claims suggests that stockholder plaintiffs have taken notice," and that SPAC litigation had become "ubiquitous" in the court.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | June 3, 2024
In 530 Donelson, the U.S. Bankruptcy Court for the Middle District of Tennessee recently considered whether orders entered by a Tennessee state court appointing and empowering a receiver deprived the limited liability company's owners of authority to file a bankruptcy case for the company.
Delaware Business Court Insider | Commentary
By Molly DiBianca | May 29, 2024
If the final rule is upheld, Delaware's approach to employment-related restrictive covenants will change significantly.
The Legal Intelligencer | Commentary
By Jay A. Dubow, Joanna Cline and Connor B. DeFilippis | May 28, 2024
Judge Frank Easterbrook, disenchanted with the current "federal practice" of plaintiffs attorneys extorting fees in disclosure cases without conferring a meaningful benefit on stockholders, penned the opinion for a two-judge panel rejecting such fee agreements and empowering shareholders and federal courts alike to scrutinize these fees going forward.
Delaware Business Court Insider | Commentary
By Barnaby Grzaslewicz | May 22, 2024
Parties to transaction agreements often choose Delaware as the exclusive forum for disputes arising out of their transactions. This is common, where the parties are from diffuse geographic locations, but desire a single forum well-versed in corporate and commercial law—like Delaware—to resolve their disputes.
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Drew S. McGehrin | May 20, 2024
The Bankruptcy Code has excepted certain debts that are incapable of being discharged as a matter of right, including, without limitation, certain "qualifying" loans used to fund a debtor's education. For a debtor to be able to receive a discharge of such loans, the debtor must file a lawsuit and obtain a judgment determining their dischargeability.
Daily Business Review | Commentary
By Peter Gampel | May 17, 2024
A forensic accountant, litigation consultant or a business valuation expert is often tasked with the prospect of "interpreting" clauses in an agreement from a financial point of view without expressing a legal opinion. In addition, the expert may be required to then determine the financial consequences of that interpretation.
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