NEXT
Sign in to follow

Delaware Business Court Insider

The Failure of the 'Failing Business' Exception Under Delaware Law

In Stream TV Networks v. SeeCubic, the Delaware Supreme Court vacated a permanent injunction imposed by the Delaware Court of Chancery that prohibited Stream TV Networks, Inc. and the Rajan brothers, who collectively held a majority of the company's stock, from blocking a negotiated transfer of all of Stream's assets to satisfy its secured creditors.
5 minute read

Delaware Business Court Insider

'In re Kidbox.com': The 1-2-3's of Obtaining Stay Relief in ABCs

Strangers to the insolvency profession might be surprised to learn that it is often expensive to go bankrupt. Indeed, the high cost associated with obtaining relief under Chapter 11 of the federal Bankruptcy Code is a routine criticism of the federal bankruptcy scheme and an issue many commentators argue is ripe for reform.
6 minute read

Delaware Business Court Insider

Delaware Becomes the 11th State to Enact Paid Family Leave

Employers with at least 25 employees are subject to these parental, family caregiving and medical leave provisions.
6 minute read

Delaware Business Court Insider

Director's Access to Company's Privileged Information Upheld Despite Proxy Contest

Where two halves of a deadlocked board are competing in a proxy contest, can one half assert the corporation's privilege against the other?
8 minute read

Delaware Business Court Insider

The Risks of Litigating Employment Claims in the Court of Chancery

A recent decision by the Delaware Court of Chancery highlights some of the perils employers face when attempting to enforce post-employment covenants, such as confidentiality and nonsolicit provisions.
6 minute read

Delaware Business Court Insider

Supreme Court Decides Deadline for Notice of Indemnification Claim

A recent Delaware Supreme Court decision provides a lesson for drafters of agreements for the sale of a business by providing an example of the problems caused by a lack of clarity in describing a deadline to send notices of claims for indemnification post-closing.
6 minute read

Delaware Business Court Insider

Stark Upholds Granting of Nunc Pro Tunc Retentions by Bankruptcy Court

The U.S. Supreme Court, in a per curiam opinion in 2020, said that the federal courts may issue nunc pro tunc orders, or "now for then" orders, to reflect the reality of what had already occurred.
6 minute read

Delaware Business Court Insider

Language and Context Lead Chancery to Conclude That Irrevocable Proxy Does Not Bind Subsequent Transferee

Under Section 212(e), a proxy may be made irrevocable "if it states that it is irrevocable and if, and only as long as, it is coupled with an interest sufficient in law to support an irrevocable power." But, once established, does an irrevocable proxy bind only the individual stockholder who granted the proxy, or does it also bind subsequent holders of the stock, too?
6 minute read

Delaware Business Court Insider

Chancery Awards Virtually No Damages for Confidentiality Breach

A recent noteworthy Delaware Court of Chancery decision should be kept handy by corporate and commercial litigators for its practical and persuasive analysis of noncompliant handling of confidential documents: AlixPartners v. Mori, C.A. No. 2019-0392-KSJM (Del. Ch. April 14, 2022).
5 minute read

Delaware Business Court Insider

TRO Ruling Resolves Competing Proposed Orders; Says Company Neutrality Is a Must in a Control Dispute

Vice Chancellor Lori Will in In re Aerojet Stockholder Litigation, No. 2022-0127-LWW, confirms that the middle, in a field of neutrality, is exactly where a company and its resources must remain in the midst of contested director elections involving a mixed bag of incumbent directors and insurgents.
7 minute read

More from ALM

More from ALM

Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

Resources

  • Leveraging Technology to Improve Employee Engagement and Client Satisfaction

    Brought to you by CARET Legal

    Download Now

  • How to Choose Your Legal Operations Software: Key Considerations and Expert Tips

    Brought to you by DiliTrust

    Download Now

  • Yearly Roundup: Strategic Insights for Law Firm Decision Making

    Brought to you by CARET Legal

    Download Now

  • Lex Machina Contracts: Commercial Litigation Report 2024

    Brought to you by LexisNexis®

    Download Now