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Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Chauna A. Abner | March 27, 2019
This case is important for the clear guidance it provides for anyone who seeks to understand Section 144(a)'s safe harbors when one or more board members are conflicted in connection with a board vote.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | March 21, 2019
In commercial transactions, parties often seek to resolve a disagreement by designating an expert who will decide a particular issue based upon that individual's expertise.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | March 13, 2019
Central to this post-trial opinion is his discussion regarding the contours of the “line of business” test and the need to apply the concept flexibly and sensibly when determining whether a corporation has an interest in a line of business.
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller | March 6, 2019
These decisions highlight the powerful effect, and potentially unintended consequences, of using a “void” provision in the governing documents of Delaware alternative entities.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | March 6, 2019
Stockholders who seek to inspect the books and records of a Delaware corporation to investigate mismanagement merely have to demonstrate a “credible suspicion” that officers or directors have breached their fiduciary duties.
The Legal Intelligencer | Commentary
By Robert L. Hickok, Jay A. Dubow and Erica Hall Dressler | February 28, 2019
On Jan. 4, 2019, the U.S. Supreme Court granted certiorari in the matter, Emulex v. Varjabedian. A ruling by the Supreme Court will likely resolve a circuit split regarding the pleading standard for claims brought under Section 14(e) of the Securities Exchange Act of 1934 that was created by the U.S. Court of Appeals for the Ninth Circuit's decision in April 2018.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | February 20, 2019
Section 220 of the Delaware General Corporation Law permits a stockholder to inspect the books and records of a corporation, provided that the demand for inspection meets certain form and manner requirements, and the inspection is sought for a proper purpose—e.g., one reasonably related to the interests of stockholders.
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.
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