Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | February 20, 2019
In a recent case, Master in Chancery Patricia W. Griffin recommended that the Court of Chancery grant a creditor's motion for summary judgment and order the entry of personal and in rem judgments against its debtors based on a finding that the undisputed facts gave rise to an enforceable equitable mortgage.
Delaware Business Court Insider | Commentary
By James L. Hallowell and Mark H. Mixon Jr. | February 13, 2019
The Court of Chancery's holding in Salzberg offers what might seem to be a cautious interpretation of the reach of Delaware corporate law.
The American Lawyer | Commentary
By Mark S. Goldstein | February 12, 2019
Reed Smith counsel Mark Goldstein wasn't sure he could both be a lawyer and have mental health disabilities. But he learned how to survive and thrive in Big Law.
Delaware Business Court Insider | Commentary
By James H. S. Levine and Douglas D. Herrmann | February 6, 2019
Section 220(d) of the Delaware General Corporation Law permits a director to inspect a company's books and records for purposes reasonably related to the director's position as a director.
The Legal Intelligencer | Commentary
By Maxwell Briskman Stanfield | February 4, 2019
Despite the ghostly name, phantom stock is not quite as mysterious as it sounds. In essence, phantom stock is a deferred compensation plan that gives an employee a stake in a company's success without conferring an actual ownership interest in the company.
Delaware Business Court Insider | Commentary
By Justin T. Kelton | January 30, 2019
The Delaware Court of Chancery in Brown v. Kellar, recently issued a decision clarifying the scope of actions under 8 Del. C. Section 225, which provides a procedure to determine issues that pertain to actions to elect or remove a director or officer.
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | January 23, 2019
The implied covenant of good faith and fair dealing inheres in all contracts governed by Delaware law. In some circumstances, the implied covenant may apply to fill “gaps” in an agreement consistent with the parties' reasonable expectations at the time of contracting.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | January 16, 2019
A recent opinion by Vice Chancellor Tamika Montgomery-Reeves illustrates the pitfalls in not specifically addressing the scope of “mutual general releases” when agreeing to settle litigation.
Delaware Business Court Insider | Commentary
By Peter N. Flocos and Joanna Diakos | January 9, 2019
In a case arising out of the purchase by Great Hill Partners of Plimus (now known as BlueSnap, Inc.), the Delaware Court of Chancery, after a 10-day trial and extensive post-trial briefing and oral argument, recently rejected all of the fraud-based claims made by Great Hill against the two founders of Plimus.
The Legal Intelligencer | Commentary
By Edward T. Kang | January 3, 2019
When a corporate director or officer is sued by a third party for alleged misconduct carried out in her capacity as director/officer, the company generally indemnifies the director/officer by defending her against the lawsuit.
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