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October 30, 2024 | Delaware Business Court Insider

Justices: Can Delaware Courts Put a Price Tag on Corporate Move to Nevada?

Chief Justice Collins J. Seitz Jr. and two associate justices focused on what would give Delaware courts authority to weigh the pros and cons of corporate redomestication.
4 minute read
October 30, 2024 | National Law Journal

3rd Circuit Judges Zero In on Constitutional Challenges to Medicare Drug Pricing Program

Part of the drugmakers' argument is that the federal scheme violates the First Amendment by compelling speech.
6 minute read
October 30, 2024 | Delaware Business Court Insider

Chancery Court Exercises Discretion in Setting Bond in a Case Involving Share Transfer Restriction

The Vice Chancellor's decision illustrates the court's discretion and, in this instance, common-sense approach to requiring a bond in the context of provisional relief.
6 minute read
October 30, 2024 | Delaware Business Court Insider

Following 'Purdue Pharma,' Del. Bankruptcy Court Clarifies Standard Applicable to 'Opt-Out' Releases of Claims Against Nondebtors

The court was careful to confine its ruling to precisely the foregoing, and expressed no opinion on plan releases other than nonconsensual ones. In particular, the court was careful to note, "Nothing in what we have said should be construed to call into question consensual third-party releases offered in connection with a bankruptcy reorganization plan."
8 minute read
October 29, 2024 | Delaware Business Court Insider

Clark Hill Adds to Litigation Team in Wilmington

Clark Hill announced that Brian O'Neill has joined the firm's litigation team as a member in its Wilmington office.
1 minute read
October 29, 2024 | New York Law Journal

The Changing Landscape of NY Courts' Jurisdiction Over Out-of-State Corporations

New York's approach to consent-by-registration jurisdiction and successor jurisdiction is illustrative of the ever-changing scope of personal jurisdiction over out-of-state companies. 
14 minute read
October 24, 2024 | The American Lawyer

'Let the Judge Be the Judge, And Let the Lawyers Be the Lawyers': The 'Masterful' MDL Work of Judge Eduardo Robreno

"I consider [him] one of the greatest federal judges in the history of the United States," a colleague said of Robreno, an American Lawyer Lifetime Achievement honoree.
5 minute read
October 24, 2024 | Delaware Business Court Insider

Morris Nichols Partner Elected to American College of Governance Fellows

Morris Nichols Arsht & Tunnell congratulated corporate counseling partner Melissa A. DiVincenzo on her election to the American College of Governance Counsel 2024 class of fellows.
2 minute read
October 23, 2024 | Delaware Business Court Insider

Supreme Court Asked If Ellison's Plans Affected Oracle's NetSuite Acquisition

Counsel for shareholders said Larry Ellison's plans for NetSuite post-acquisition should have been disclosed to the special committee considering the deal.
3 minute read
October 23, 2024 | Delaware Business Court Insider

Repurchase Option in LLC Agreement Tied to Nondisparagement Provision Does Not Violate the Absolute Litigation Privilege

In this recent decision from the Delaware Court of Chancery, Seva Holdings v. Octo Platform Equity Holdings, the court considered whether a membership interest repurchase right under an LLC agreement triggered by breach of a nondisparagement restriction was enforceable, or whether the repurchase scheme violated the absolute litigation privilege.
5 minute read