Delaware Business Court Insider | News
By Ellen Bardash | May 18, 2023
At the same time actions around new corporate structures like SPACs and new technology like cryptocurrency have fueled a surge in some areas.
Daily Business Review | Commentary
By Heather Woods | May 8, 2023
All lawyers should be mindful of this recent shift, especially those whose practice involves advising on corporate conduct and misconduct, including those admitted to practice in Florida—given the significant number of Florida companies registered in Delaware and Florida's legal history of following Delaware precedent.
Delaware Business Court Insider | Commentary
By Mark E. Felger and Simon E. Fraser | May 3, 2023
The Delaware bankruptcy court ruled that a plaintiff need not explicitly plead its "due diligence" in investigating its preference cause of action. Rather, a general allegation under Federal Rule of Civil Procedure 9(c) that "all conditions precedent have occurred" suffices.
Delaware Business Court Insider | Commentary
By Sean M. Brennecke | April 19, 2023
In In re Dissolution of T&S Hardwoods KD, Vice Chancellor Morgan T. Zurn provided helpful guidance on what must be alleged to satisfy that test for purposes of overcoming a motion to dismiss.
Delaware Business Court Insider | Commentary
By Elizabeth A. Sloan | April 19, 2023
In the 120-page opinion for In re Mindbody, Chancellor Kathaleen McCormick throws shade on Corwin, finding Mindbody's sales process run by Richard Stollmeyer—founder and then-CEO—was not cleansed by Corwin and holding him and Mindbody's private equity acquirer, Vista Equity Partners, liable.
Delaware Business Court Insider | Commentary
By Lawrence J. Kotler | April 12, 2023
In a recent decision in the case of SC SJ Holdings v. Pillsbury Winthrop Shaw Pittman (In re SC SJ Holdings), Civil Action No., 22-00689 (MN), the U.S. District Court for the District of Delaware (the court) affirmed a May 12, 2012, decision of the U.S. Bankruptcy Court for the District of Delaware (the Bankruptcy Court) denying the debtors' motion for relief from certain releases contained in their confirmed plan (the plan).
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | April 12, 2023
In Hyde Park Venture Partners Fund III v. Fairxchange, the Delaware Court of Chancery reaffirmed the joint client concept of corporate privilege and held that the company could not assert privilege against a former director or his designating investor except as to a books and records demand in which the company and the director were contemporaneously adverse.
Delaware Business Court Insider | Commentary
By Kaan Ekiner and Mark E. Felger | April 5, 2023
Discovery in a Delaware books and records action involves striking a balance between the right of the parties to prepare for trial and the statutory…
Delaware Business Court Insider | Commentary
By Curtis J. Crowther and Trevor L. Bradley | April 5, 2023
The Delaware Court of Chancery again declined to blue-pencil the restrictive covenant sending a clear reminder to buyers that they must narrowly tailor noncompete and nonsolicitation provisions in purchase agreements and related sale documentation under Delaware law.
Delaware Business Court Insider | Commentary
By Cliff C. Gardner and Lauren M. Griffith | March 22, 2023
The Delaware Court of Chancery recently issued two decisions addressing claims arising out of so-called "de-SPAC" mergers. Each decision is quickly becoming required reading for SPAC sponsors, boards and transactional planners.
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