The Legal Intelligencer | Commentary
By Edward S. Robson | September 13, 2019
Some attorneys treat defending a deposition as an opportunity to be a jerk. Speaking objections, witness coaching and bogus instructions not to answer are all arrows in the quiver of the "Rambo" litigator.
Delaware Business Court Insider | Commentary
By Oderah C. Nwaeze | September 11, 2019
After the filing of a derivative lawsuit, it is common for the board of the company at issue to form a special litigation committee that will move to stay the action while it evaluates whether to pursue the derivative claims. More often than not, the Delaware Court of Chancery will grant that motion.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | September 5, 2019
Sales of substantially all of a debtor's assets are commonplace in corporate Chapter 11 bankruptcies. In many cases, the proposed sale is the primary reason the case is filed. The sale is supervised and approved by the Bankruptcy Court.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | September 5, 2019
It is well-settled in Delaware that a stockholder seeking to pursue derivative claims must own shares at the time of the wrong and continuously through the life of any litigation. Similarly, direct claims based on injury to the shares generally pass to a b
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | September 4, 2019
Judge Calvin Scott denied a motion for judgment on the pleadings on the grounds that the defendant's proffered interpretation of a liability limitation provision in a master service agreement was unreasonable.
Delaware Business Court Insider | Commentary
By Jarret P. Hitchings | August 21, 2019
The attorney-client privilege is fundamental to the adversarial system of law. Indeed, the Delaware Court of Chancery recently observed that "without the privilege, candid communication between client and counsel for purposes of representation would be impossible."
Delaware Business Court Insider | Commentary
By Taylor B. Rosanova and Gloria Vasconcellos | August 20, 2019
This case has become significant because the government's expert used a valuation methodology that differs from the IRS' and the government's traditional stance on the tax treatment of S-Corporations for valuation purposes. It should be noted that this was a district court decision; not a tax court decision.
The Legal Intelligencer | Commentary
By Taylor B. Rosanova and Gloria Vasconcellos | August 20, 2019
This case has become significant because the government's expert used a valuation methodology that differs from the IRS' and the government's traditional stance on the tax treatment of S-Corporations for valuation purposes. It should be noted that this was a district court decision; not a tax court decision.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | August 14, 2019
Section 203 prohibits a stockholder from engaging in a business combination with a company for three years after the stockholder acquires 15% or more of the company’s voting equity. If a company’s board pre-approves such a business combination, however, the Section 203 anti-takeover protections do not apply.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | August 7, 2019
In In re Old BPSUSH, U.S. Bankruptcy Judge Kevin J. Carey resolved a dispute over control of attorney-client and work product privileges applicable to information generated in an investigation conducted on behalf of the corporate debtor’s former audit committee.
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