NEXT
Sign in to follow

Delaware Business Court Insider

Slights Addresses Third-Party Direct Actions by Judgment Holders Against an Insurer

May a third party bring a direct action against an insurer for coverage on a theory of subrogation when equitable subrogation does not apply and the right cannot be traced to a statute or contract?
8 minute read

Delaware Business Court Insider

Exclusive Forum Provisions: The Seventh Circuit Weighs In

Earlier this year, in a split-decision in Seafarers Pension Plan v. Bradway, the U.S. Court of Appeals For the Seventh Circuit reversed the Northern…
9 minute read

Delaware Business Court Insider

Delaware Custodians, Receivers and Trustees (Oh My!)

Under Delaware law, the board of directors is generally responsible for overseeing the business and affairs of the corporation.
6 minute read

Delaware Business Court Insider

Are Statutory Appraisal Proceedings the 'New 220'? Not Likely.

As framed by the court: "No Delaware court has yet confronted the precise issue presented by respondent's motion—whether an appraisal petitioner may obtain full discovery in an appraisal proceeding where the proceeding was commenced for the purpose of pre-suit investigation."
8 minute read

Delaware Business Court Insider

Court Refuses Appointment of a Custodian Under DGCL Section 226(a)(3) to Continue Defunct Corporation

Although Vice Chancellor Travis Laster denied the petition based on the language of the statute, his opinion appears to abandon the court's previous policy against permitting the revival of defunct Delaware corporations for use as blank check companies.
7 minute read

Delaware Business Court Insider

Proposed Law Would Require Paid Leave for Delaware Employees

The Healthy Delaware Families Act (the act) is a proposed law that, if passed, would provide access to paid leave for eligible Delaware workers.
7 minute read

Delaware Business Court Insider

'Zoox' and the Intersection of Stock Appraisal and Section 220 Demands in Delaware

The court's ruling in Zoox has implications and raises questions both in and outside the context of appraisal proceedings.
6 minute read

Delaware Business Court Insider

Del. Passes Legislation Approving Use of Captive Insurance for Non-Indemnifiable D&O Loss

Corporations may prefer to pay these costs rather than face a rock-hard D&O insurance market and the seemingly "deny first and ask questions later" attitude of many claims handlers nowadays, or go through the hassle of creating a trust or other alternative arrangement for indemnification.
4 minute read

Delaware Business Court Insider

The Common Law Insolvency Exception for the Sale of a Corporation's Assets Without Stockholder OK

At common law, before the directors could sell all the assets of a healthy corporation, they had to obtain unanimous stockholder approval. The unanimity requirement gave rise to holdout problems, where a minority of stockholders could block a transaction.
8 minute read

Delaware Business Court Insider

Chancery Applies Traditional Fiduciary Principles to SPAC in 1st Test of Popular Vehicle for Private Companies to Access Public Markets Under Del. Corporate Law

The Delaware Court of Chancery applied entire fairness review and held that the plaintiff stockholders had stated legally sufficient "nonexculpated claims against the controlling stockholder and directors" of Churchill Capital Corp. III, a SPAC, in connection with its de-SPAC merger with a private operating company.
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