Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | September 1, 2021
Chancery Rule 4(d) specifies how service of a summons and complaint shall be made and specifies the manner of personal service upon various classes of defendants. Rule 4(d)(7) allows for an order directing a different or an additional mode of service of a summons in a special case.
Delaware Business Court Insider | Commentary
By Philip D. Amoa and Scott J. Seger | August 25, 2021
The 2021 amendments to the Delaware General Corporation Law, the Delaware Revised Uniform Partnership Act, the Delaware Revised Uniform Limited Partnership Act and the Delaware Limited Liability Company Act went into effect Aug. 1.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Chauna A. Abner | August 18, 2021
The revised guidelines include practice tips on remote courtroom proceedings—a necessary consequence of the pandemic that will likely remain a permanent feature of Chancery practice to some degree.
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller and Brian T.M. Mammarella | August 18, 2021
Delaware courts have recently applied the once-obscure theory to serve at least three distinct doctrinal ends. This article describes, at a high level, what fraud on the board is by pinpointing the various doctrinal roles it has played in three recent opinions issued by the Delaware Court of Chancery.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | August 4, 2021
It is a well-established ethical principle that, in general, a lawyer who represents a client in a litigated matter may not also appear as a witness in the same matter, whether for or against the client.
Delaware Business Court Insider
By Francis G.X. Pileggi and Chauna A. Abner | July 28, 2021
The Delaware Court of Chancery's recent decision in Shareholder Representative Services v. Albertsons Cos., C.A. No. 2020-0710-JRS (Del. Ch. June 7, 2021), involves the seller of a business claiming that the buyer intentionally evaded post-merger earnout payments.
Delaware Business Court Insider | Commentary
By Kerri K. Mumford and Jennifer L. Cree | July 21, 2021
The U.S. Court of Appeals for the Third Circuit recently issued a precedential decision involving a matter of first impression that likely will modify how pharmaceutical and other distributors and their related entities structure their business dealings with manufacturers and others with analogous arrangements.
Delaware Business Court Insider
By P. Clarkson Collins Jr. | July 21, 2021
The contractual nature of limited liability companies and their often closely-held membership can pose significant pleading challenges, however, when a member feels aggrieved by the alleged misconduct of another LLC member or manager and must decide whether the asserted claims are derivative or direct.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | July 7, 2021
A proper balance between the stockholders' right to elect directors and the board's right to manage the company is dependent on the stockholders' unimpeded right to vote in an election of directors.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | June 30, 2021
What law determines whether a "business trust" may be an eligible debtor under Chapter 11? There is a split of authority as to whether the law of the jurisdiction in which the trust resides or federal common law controls.
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