Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | October 9, 2024
In dismissing for failure to plead demand futility, Vice Chancellor Lori W. Will explained that that allegations of independent directors' knowledge of "imperfect compliance" did not provide a reasonable inference of bad faith "intentional lawbreaking."
Delaware Business Court Insider | News
By Ellen Bardash | October 3, 2024
The gap between Delaware and the next most popular venue, the Southern District of Texas, widened in 2024.
Delaware Business Court Insider | News
By Ellen Bardash | September 30, 2024
Pamela Millard has more than 15 years of experience in advising clients on Delaware corporate law and governance matters.
Delaware Business Court Insider
By Ellen Bardash | September 26, 2024
While Texas attorneys have been upfront about their hope that the state's newest courts will help raise Texas' corporate law to Delaware's level, corporate attorneys across the country are all but unanimous: Delaware remains the champ, and that's not changing, at least not any time soon.
Delaware Business Court Insider | News
By Ellen Bardash | September 17, 2024
It's likely, a lawyer familiar with the case said, that the decision could be applied to the anti-dilution provisions in nearly all de-SPAC mergers.
Delaware Business Court Insider | News
By Ellen Bardash | September 11, 2024
Justice Karen Valihura asked Andrew Rossman of Quinn Emanuel whether the Chancery decision included fact-finding that the high court should defere to.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | September 11, 2024
This case illustrates that the court generally will not use Section 205 to validate a deliberate, intentional violation of a statute to set the record date for a meeting, at least when a short period of time passes between the defective action and the court proceeding.
Delaware Business Court Insider | Commentary
By Cliff C. Gardner | September 4, 2024
In Gilbert v. Unisys, the Delaware Court of Chancery ruled that information technology company Unisys Corp. must advance legal fees incurred by two former employees. The underlying lawsuit filed by the company in Pennsylvania federal court alleges trade secret infringement by the former employees.
Delaware Business Court Insider
By Michael A. Mora | September 3, 2024
"This will be important for people to look at because … I think it will be one of those test cases in the blockchain space," said Dr. Tonya M. Evans, a tenured law professor at Penn State Dickinson Law.
Delaware Business Court Insider | Commentary
By Mark E. Felger and Simon E. Fraser | August 28, 2024
In the wake of the U.S. Supreme Court's landmark decision this June in Harrington v. Purdue Pharma, the U.S. Bankruptcy Court for the District of Delaware recently addressed a question left open by the Supreme Court—whether a bankruptcy court may still issue a preliminary (i.e., temporary) injunction of a creditor's claims against a nondebtor.
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