Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | March 4, 2020
In a recent case in the Delaware Court of Chancery involving a suit between the trustee of a trust and the trust's beneficiaries, Vice Chancellor J. Travis Laster had to decide whether the beneficiaries could get access to documents that the trustee claimed were protected from disclosure by the attorney-client privilege.
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller | February 26, 2020
In Ogus v. SportTechie, the Delaware Court of Chancery refused to dismiss portions of seven claims brought by the jilted founder of SportTechie Inc. against corporate insiders and investors related to his removal from office and the purported repurchase of his equity stake in the company.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | February 19, 2020
The standard of review and who has the burden of proof are important issues in any trial of stockholder litigation. One instance where entire fairness is the standard of review is a merger where a controlling stockholder is on both sides of the transaction.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | February 5, 2020
In Hanna v. Baier, C.A. No. S12J-03-058-RFS (Del. Super. Jan. 22, 2020), Delaware Superior Court Judge Richard F. Stokes considered whether the Superior Court was the appropriate forum for enforcement of a charging order requiring the court to consider the validity of conveyances between a limited liability company and its members.
Delaware Business Court Insider | Commentary
By Christopher B. Chuff, Joanna J. Cline, Matthew M. Greenberg and Taylor B. Bartholomew | February 5, 2020
The Delaware Court of Chancery has again confirmed that it will not entertain lawsuits that seek to second-guess a board of directors' good-faith decision to accept one acquisition proposal over another as long as a majority of the board is unaffected by conflicts or the influence of a controlling stockholder.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | January 29, 2020
Uber Technologies' board approved the acquisition of Google's more mature autonomous vehicle program. The transaction was high risk and flawed from its inception, ending in embarrassment after Uber learned that key employees hired from Google had misappropriated Google's proprietary information in the autonomous vehicle program.
Delaware Business Court Insider | Commentary
By Richard L. Renck | January 29, 2020
As 2019 drew to a close, one of the Delaware Court of Chancery's final opinions of the decade clarified certain issues surrounding when the courts of Delaware are the proper fora for adjudicating matters that are—or might be—subject to the parties agreement to arbitrate their disputes.
Delaware Business Court Insider | Commentary
By P. Clarkson Collins Jr. | January 22, 2020
At the pleading stage the Delaware Court of Chancery found the allegations of a control group sufficient to preclude a Corwin defense, even though there was no formal agreement between the stockholders or a full alignment of interests.
Delaware Business Court Insider | Commentary
By Edward B. Micheletti, Bonnie W. David and Alexis A. Wiseley | January 22, 2020
Over the last several years, Delaware corporate law practitioners have traced numerous legal developments that dramatically reduced the injunction practice that dominated M&A litigation in Delaware for nearly three decades, changing the development of Delaware disclosure law jurisprudence.
Delaware Business Court Insider
By Michael S. Levine and Latosha M. Ellis | January 21, 2020
2019 saw a flurry of decisions under directors and officers (D&O) insurance policies, including a bizarre and self-prompted change of heart by the Seventh Circuit.
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