Delaware Business Court Insider | Commentary
By Benyamin S. Ross, Mark H. Mixon Jr. and Reginald J. Glosson | July 29, 2020
In the context of limited liability companies, a right of first refusal (ROFR) limits the ability of an equityholder to transfer equity to a third party without first offering other existing equityholders a right to match the third party's offer.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | July 15, 2020
The case is significant for articulating the standard applicable to evaluating director disclosure to fellow directors and what facts are necessary to plead that the business judgment rule does not apply when the plaintiff attacks the interest of only one officer and director.
Delaware Business Court Insider
By Sue L. Robinson | July 9, 2020
Engaging multiple mediators introduces a new facet to an established practice, bringing to the table each mediator's diverse background, experience and perspective.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Chauna A. Abner | July 8, 2020
The Delaware Court of Chancery recently held that a party waived attorney-client privilege by producing documents to a federal commission during the course of an investigation without requiring the commission to sign a confidentiality agreement first.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | July 1, 2020
Delaware's borrowing statute provides that a suit to enforce a cause of action that arises outside of Delaware cannot be brought in a Delaware court after the expiration of the applicable Delaware statute of limitations or the statute of limitations of the state or country where the cause of action arose, whichever is shorter.
Delaware Business Court Insider | Commentary
By Jarret P. Hitchings | June 24, 2020
In EnVen Energy v. Dunwoody, the Delaware Court of Chancery found that a forum selection clause in an employment agreement between the plaintiff and a defendant did not bar venue of the matter in Delaware.
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | June 17, 2020
This opinion builds upon a series of recent Delaware decisions examining the standards for the process leading up to a transaction that must be satisfied under MFW. A reviewing court will examine allegations concerning a special committee process to assess whether a committee functioned appropriately.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | June 10, 2020
In Fortis Advisors v. Allergan W.C. Holding, the counterparty sought to bypass the agreed-upon shareholder representative by moving to treat the selling stockholders as parties for purposes of discovery and trial.
Delaware Business Court Insider | Analysis
By Claudia T. Salomon and Hiroko Yamamoto | June 9, 2020
This article highlights four strategic considerations for a party seeking to recognize and enforce a monetary award in the United States using this method.
Delaware Business Court Insider | Commentary
By Robert B. Little and Louis J. Matthews | May 29, 2020
The Court of Chancery's opinion offers valuable guidance to Delaware limited liability companies when drafting the buyout provision of their operating agreements, as well as when Delaware limited liability companies are considering exercising a buyout right in accordance with the terms of their operating agreements.
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