Delaware Business Court Insider | Commentary
By P. Clarkson Collins Jr. | February 14, 2018
The Delaware Supreme Court recently issued an important corporate law decision addressing issue preclusion in the context of multiple shareholder derivative actions.
Delaware Business Court Insider
By Barry M. Klayman and Mark E. Felger | February 14, 2018
Vice Chancellor J. Travis Laster held that a provision in a stockholders agreement that purported to limit the board's authority to select the company's chief executive officer was ineffective because it conflicted with the Delaware General Corporation Law.
Delaware Business Court Insider | Commentary
By Michelle Reed and Matthew Lloyd | February 7, 2018
The Delaware Supreme Court declined to adopt a new standard governing issue preclusion of derivative actions, creating a tension with Delaware courts' forceful encouragement that stockholders fully investigate their claims before pursuing such actions on behalf of a company.
Delaware Business Court Insider | Commentary
By Edward M. McNally | January 31, 2018
Where does your company want to be sued? Of course, the obvious answer is “nowhere.” But in this litigious country that is not realistic.
Delaware Business Court Insider | Commentary
By Justin T. Kelton | January 31, 2018
In a recent decision, Judge Andre G. Bouchard of the Delaware Court of Chancery addressed the question of whether a plaintiff who obtains a corporate benefit through litigation may target a particular stockholder to pay a common fund fee award.
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | January 24, 2018
Stockholder M&A challenges in the Delaware Court of Chancery have declined in the wake of the well-known Trulia (and its federal corollary Walgreens) and Corwin decisions, which respectively reduced incentives for pre-closing M&A challenges by outlining a strict standard of review for disclosure-only settlements; and confirmed that, regardless of whether the process at issue complied with Revlon, transactions approved by an informed and uncoerced stockholder vote are subject to the protections of the business judgment rule.
Delaware Business Court Insider
By Barry M. Klayman and Mark E. Felger | January 17, 2018
In a recent decision, Bankruptcy Judge Christopher S. Sontchi addressed the question of whether a Chapter 11 debtor, the tenant under a commercial lease, could exercise an option to renew the lease during the bankruptcy proceedings, even though the debtor was in default under the lease and the lease specified that it could not be renewed if defaults existed at the time the option was exercised.
Delaware Business Court Insider | Commentary
By Arthur R. Bookout | January 10, 2018
While many view the period between Thanksgiving and Jan. 1 as a hectic time of year, no one has been working harder than the Delaware courts.
Delaware Business Court Insider | Commentary
By Brett M. McCartney | December 27, 2017
In one of the most anticipated opinions of 2017, Delaware's Supreme Court reversed the Court of Chancery's appraisal decision valuing Dell, Inc.'s shares after its management-led buyout in 2013. In its unanimous en banc decision, the Supreme Court ruled that the Court of Chancery abused its discretion by relying exclusively on its own discounted cash flow (DCF) analysis while affording no weight to the transaction price when valuing the company's shares at the time of its 2013 going-private merger.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | December 20, 2017
Neither the Delaware Supreme Court, nor other Delaware state courts have “articulated a specific test” to analyze whether to stay a civil case based on the pendency of a criminal case or investigation.
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