Delaware Law Weekly | Commentary
By Jenna Greene | June 26, 2019
'The deposition appears to have been a colossal waste of time and resources,' the Delaware Supreme Court wrote in a 20-page addendum detailing the misconduct of Tony award-winning producer Carole Shorenstein Hays.
The Legal Intelligencer | Commentary
By Edward T. Kang | June 20, 2019
In its simplest form, the piercing of the corporate veil is an equitable remedy available to the creditors of corporate entities to request the court to hold their owners liable for the corporate debts.
Delaware Business Court Insider | Commentary
By Michael R. Lastowski | June 19, 2019
Fee shifting is always the exception, rather than the rule, and a party may reasonably expect that each party will bear its own costs. In receivership actions, the receivership will usually bear its own costs.
Delaware Business Court Insider | Commentary
By Robert B. Greco | June 12, 2019
In Stein v. Blankfein, the Delaware Court of Chancery issued one of its first opinions addressing director compensation following the Delaware Supreme Court's ruling in In re Investors Bancorp Stockholder Litigation.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | June 5, 2019
In Jalbert v. Flanagan (In re F-Squared Investment Management), the trustee of a liquidating trust sought to avoid bonus payments by the debtors as fraudulent conveyances.
Delaware Business Court Insider | Commentary
By Ellis E. Herington and Douglass Herrmann | May 29, 2019
Delaware courts will enforce the terms of well-drafted, unambiguous contracts. Clearly communicating and memorializing parties' expectations in the terms of their contract puts parties in the best position possible to have their expectations enforced and receive the benefit of their bargain.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | May 22, 2019
Delaware corporate law allows for a corporation to agree in its organizational documents or contracts to advance legal fees and expenses in defense of actions, arising from a person's service to the company.
The Legal Intelligencer | Commentary
By Edward T. Kang | May 16, 2019
What happens when a dispute is between or among directors of the same company? Can the company use the attorney-client privilege to shield corporate materials, including any attorney-client privileged materials against a director?
Delaware Business Court Insider | Commentary
By Jennifer H. Rearden, Jefferson E. Bell and Mark H. Mixon Jr. | May 15, 2019
In 'Verition Partners Master Fund v. Aruba Networks,' the Delaware Supreme Court considered whether the Delaware Court of Chancery abused its discretion in concluding that, as of the “effective date” of the merger between Aruba Networks Inc. and Hewlett-Packard Co., the “fair value” of Aruba was its unaffected market price.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Kenneth A. Listwak | May 9, 2019
Even under the most sympathetic of circumstances, courts are charged with respecting the integrity of deadlines and employing a cool, impartial approach to everyone, including the most desperate of late claimants.
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