Delaware Business Court Insider | Commentary
By Andrew W. Stern, James Heyworth and Benjamin F. Burry | December 12, 2018
The Chancery Court will continue to face novel theories of controlling stockholder liability based on contract rights, and Delaware's ability to impose clear limits on when an investor's contract rights render it a fiduciary to the company will have significant consequences for corporate finance and strategic investments under Delaware law going forward.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | December 12, 2018
Once a transaction closes, if a stockholder cannot allege that a majority stockholder vote approving a transaction was uninformed or coerced, then the court will dismiss a complaint attacking the fairness of the transaction under the business judgment standard of review.
Delaware Business Court Insider | Commentary
By Edward M. McNally | November 28, 2018
The Delaware courts are leading the way to cure the problems that litigation critics complain of most. Recent Delaware Court of Chancery decisions are yet another example of that leadership. We begin to show how that is being done, by outlining the perceived problems.
The American Lawyer | Commentary
By Jennifer Manton | November 27, 2018
Understanding a few basic concepts can help maximize the return on investment with marketing and business development staff.
Delaware Business Court Insider | Commentary
By P. Clarkson Collins Jr. | November 14, 2018
The Delaware Supreme Court's two recent decisions in Dell and DFC strongly endorsed the application of market efficiency principles in appraisal actions, and gave virtually controlling weight to the deal price as the “best evidence” of a company's fair value where a robust sales process was conducted against the backdrop of a well-functioning market for the target's stock.
The American Lawyer | Commentary
By David Altuna and Gretta Rusanow | November 14, 2018
Law firm demand is at its highest point since 2007, according to a new nine-month report.
The American Lawyer | Commentary
By Joanna Litt | November 12, 2018
The wife of Sidley Austin partner Gabe MacConaill shares her story.
The Legal Intelligencer | Commentary
By Edward T. Kang and Kandis L. Kovalsky | November 8, 2018
These days, it is common for companies headquartered or principally located in one city and state to have multiple offices and employees throughout many cities and states in the country, and even the world.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | November 7, 2018
Two recent decisions by separate judges of the Delaware Bankruptcy Court have addressed the question of whether persons providing services to debtors relating to the disposition and monetization of inventory, real estate, intellectual property and other estate assets are “professionals” and must be retained under the strictures of Section 327(a) of the Bankruptcy Code.
The American Lawyer | Commentary
By Ioana Good | November 5, 2018
Design thinking is an innovation methodology composed of a series of steps for generating options, testing strategies and getting feedback.
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