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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.
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.
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