Law Offices of Gary Martin Hays & Associates
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Atlanta,
GA 30308(470) 294-1674
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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.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | May 29, 2020
Trials involving books-and-records requests have become more common since the Delaware Supreme Court encouraged stockholder plaintiffs to use the "tools at hand" to discover information necessary to establish demand futility prior to pursuing derivative litigation.
Delaware Business Court Insider | Commentary
By Joanna J. Cline and Emily L. Wheatley | May 27, 2020
The Delaware Superior Court recently elaborated on the common interest doctrine in the context of a merger. In American Bottling v. Repole, Judge Abigail LeGrow held that privileged communications shared with a third party during the final stages of a merger were not subject to the common interest doctrine.
Delaware Business Court Insider | Commentary
By Mackenzie M. Wrobel | May 13, 2020
The "close, but no cigar" nature of the Delaware Court of Chancery's decision reminds litigants that specific personal jurisdiction may be established in a variety of ways—including through the "cumulative effect" theory or by enforcement of a forum selection clause against nonsignatories.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | May 6, 2020
Where the interests of stockholders diverge from the contracts rights of other stockholders, directors and controlling stockholders may breach their fiduciary duty of loyalty by exploiting or opportunistically favoring their contract rights over the interests of the stockholders as a whole.
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