Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | February 7, 2024
In the court's recent decision, Icahn Partners v. Francis deSouza, the plaintiff Icahn stockholders sought to use privileged and confidential information shared with them by their designated director in a complaint, asserting direct and derivative fiduciary claims against other directors.
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Ryan Spengler | February 2, 2024
In In re Kojima, the U.S. District Court for the Central District of California (the court) affirmed a bankruptcy court's order approving a Chapter 7 trustee's proposed settlement of cannabis-related state court claims held by creditors of the estate.
The Legal Intelligencer | Commentary
By Katayun I. Jaffari and John Crozier | January 26, 2024
Implementation of practices has become especially crucial considering the newly required cybersecurity incident reporting and cybersecurity risk management and governance disclosure for public companies passed by the SEC last year.
Delaware Business Court Insider | Commentary
By Lucy E. Hill | January 24, 2024
Closely-held businesses may face issues of corporate deadlock where control of the business is evenly divided between two owners or two different factions…
By Louis Lehot, Lyman Thai, Patrick Daugherty & Stephen Moore, Foley & Lardner | January 8, 2024
The rollercoaster of events at OpenAI serve as a reminder of the power dynamics and challenges that even the most innovative and groundbreaking companies face.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi, Sean M. Brennecke and Aimee M. Czachorowski | January 3, 2024
This list highlights some of the notable decisions that should be of widespread interest to those involved in corporate and commercial litigation or those who follow the latest developments in this area of Delaware law.
Delaware Business Court Insider | Commentary
By Mark E. Felger and Kaan Ekiner | December 27, 2023
The Delaware Court of Chancery considered whether a stockholder of a publicly traded company was entitled to inspect the books and records of the public company's nonpublic subsidiary for the stated purpose of "more accurately" valuing the public corporation's publicly traded shares.
Delaware Business Court Insider | Commentary
By Cliff C. Gardner, Peyton V. Carper and Sukhandeep Kaur | December 20, 2023
Publicly traded corporations increasingly adopted exclusive forum provisions to reduce the risk of burdensome and costly multijurisdictional stockholder litigation. State and federal courts around the country regularly enforced the provisions, dismissing cases not brought in the specified jurisdiction.
By Sushila Chanana and Vanessa K. Ing | December 15, 2023
Many more jury trials will be required if judges must refrain from deciding whether the purpose of a generative AI system's use of copyrighted material to learn language patterns is to produce a new product or to replicate the creative expression of the copyrighted material, according to Sushila Chanana and Vanessa K. Ing of Farella Braun + Martel.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | December 13, 2023
Parties in business transactions sometimes decide by contract that disputes relating to or arising out of their contractual relationship shall be resolved by arbitration. If and when a dispute arises, a threshold issue is whether the dispute is covered by arbitration and if so, whether any aspect may be resolved by a court.
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