Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller and Brian T.M. Mammarella | November 17, 2021
Stockholder-plaintiffs have filed a number of complaints in the Delaware Court of Chancery challenging at least five mergers involving Delaware special purpose acquisition companies (SPACs) in the last four months alleging that the SPAC's failure to solicit a "class vote" of the SPAC's Class A Common stockholders in connection with certain amendments to the SPAC's certificate of incorporation violates the requirements of Section 242(b)(2) of the Delaware General Corporation Law (the DGCL).
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | November 3, 2021
Superior Court Judge Paul R. Wallace addressed two issues raised by subpoenas issued pursuant to foreign letters rogatory: whether the Superior Court or the foreign court should hear disputes concerning the propriety and scope of the subpoenas, and whether to shift costs from the nonparty to the party requesting the discovery.
Delaware Business Court Insider | Commentary
By Michael Dockterman | October 27, 2021
In the case I just tried, a hybrid solution for court proceedings was smartly implemented by the Delaware Court of Chancery where the court suggested using a third-party technology solution provider to handle the logistical and technical complexities of a hybrid trial in a complex litigation matter.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Cheneise V. Wright | October 20, 2021
A recent Delaware Court of Chancery opinion applied an exception to the general rule that Delaware courts will often exercise their discretion to dismiss or stay a Delaware action in favor of a first-filed action between the parties that is pending in another jurisdiction.
Delaware Business Court Insider | Commentary
By Lawrence J. Kotler | October 13, 2021
Recently, the U.S. Bankruptcy Court for the District of Delaware issued a memorandum opinion in support of oral ruling pursuant to Local Bankruptcy 8003-2, granting the motion of Robert Weinstein for entry of an order enforcing the sale order and granting related relief.
Delaware Business Court Insider
By Barry M. Klayman and Mark E. Felger | October 6, 2021
From 2006 through 2012, FedEx carriers delivered "an infinitesimal percentage" of packages containing untaxed, unstamped cigarettes to New York residents. Enforcement actions followed, and in 2018, FedEx settled the actions by paying $35.3 million and agreeing to several internal reforms.
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | September 29, 2021
In affirming the Delaware Court of Chancery's decision, the high court concurred with the court-below's articulation of a new three-part standard to assess whether a derivative plaintiff meets her pleading burden to show that a pre-suit demand upon the board would have been futile.
Delaware Business Court Insider | Commentary
By Kimberly A. Brown and Joshua J. Scorziello | September 22, 2021
With data and other electronic security breaches on the rise and work from home being part of the new "normal," there is no better time to make sure you are satisfying your ethical and legal obligations as a Delaware lawyer to protect your client's confidential information.
Delaware Business Court Insider | Commentary
By Lawrence J. Kotler | September 8, 2021
The U.S. Bankruptcy Court for the District of Delaware addressed the issue of whether the Office of the United States Trustee (OUST) could collect its quarterly fees against assets that were previously transferred to a litigation trust free and clear of any and all claims, liens and other encumbrances pursuant to a confirmed plan of liquidation.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | September 8, 2021
A stockholder complaining about a merger transaction materially enhances her prospects of overcoming a motion to dismiss if she can allege self-dealing by a controlling stockholder or that the transaction involves a change of control, thereby invoking the entire fairness standard of review or enhanced scrutiny.
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