By Stephen Blake and Marissa Lambert | June 16, 2023
Corporate counsel must think careful about the rules of privilege and take proactive steps to ensure that proper protections are in place to avoid after-the-fact surprises, according to Simpson Thacher & Bartlett's Stephen Blake and Marissa Lambert.
Delaware Business Court Insider | News
By Colleen Murphy | June 16, 2023
"It is black letter law in this Circuit that the gold standard for determining the value of an asset is to sell it in an open and fair market," stated U.S. Bankruptcy Judge Brendan Linehan Shannon. "A thing is worth what a willing buyer will pay to a willing seller following a proper marketing process.
By Adolfo Pesquera | June 15, 2023
"We think you will find what is going on here is more like Tesla coming into this courtroom and telling you they own the trade secret of mirrors and headlights because they were putting it in electric cars," defense attorney Weining Bai said.
By Ellen Bardash | June 14, 2023
Delaware courts have touched on the issue before, ruling on what type of exposure doesn't count as an injury, but the Croda case is the first to ask the high court to concretely state whether exposure leading to increased risk of disease is enough on its own.
Delaware Business Court Insider | News
By Ellen Bardash | June 14, 2023
The Court on the Judiciary has published opinions imposing discipline on 10 judges since 1989.
By Justin Henry | June 14, 2023
Around 20 staff members and 30 lawyers, including those in corporate practices, are affected, according to sources with knowledge of the cuts.
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | June 14, 2023
Writing for the court en banc, Justice Karen L. Valihura explained why the stockholder-plaintiffs' arguments did not undermine the Court of Chancery's conclusions as to either "fair dealing" or "fair price."
Delaware Business Court Insider | Commentary
By Robert B. Greco | June 14, 2023
A recent opinion from the U.S. Bankruptcy Court for the District of Delaware, In re CII Parent, provides helpful guidance on drafting proxies and highlights potential pitfalls for the unwary, including in relation to the proxyholder's power to execute and deliver stockholder consents.
By Dan Packel | June 14, 2023
While 65% of respondents to a new Thompson Hine survey say they have seen either "a lot" or "some" innovation from their law firms, that figure is up only 5% in the last three years.
Delaware Business Court Insider | News
By Ellen Bardash | June 13, 2023
A complaint brings Caremark, Massey, Brophy and unjust enrichment claims asserting Carvana's lack of compliance with state laws has lost the company billions of dollars and opened the door for billions more in liability.
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