Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | April 1, 2020
In Carickhoff, Chapter 7 Trustee v. Goodwin (In re Decade S.A.C.), Chief Bankruptcy Judge Christopher Sontchi refused to grant a motion to stay bankruptcy proceedings pending an appeal to the district court on the grounds that the appeal had divested the bankruptcy court of jurisdiction.
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | March 18, 2020
The Court of Chancery's recent decision in Salladay v. Lev, (Del. Ch. Feb. 27, 2020), denied the director-defendants' attempt to invoke procedural safeguards—a special committee and independent stockholder approval—to dismiss a stockholder suit challenging a going-private merger.
Delaware Business Court Insider | Commentary
By Thomas G. Wilkinson and William E. Gericke | March 11, 2020
Litigators with national practices may work with local counsel more often than not. Those with niche practices handling cases in specialized courts, such as the Delaware Chancery Court, also frequently serve as local counsel to those who are admitted to practice outside the jurisdiction.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus, Albert H. Manwaring IV and Albert J. Carroll | March 11, 2020
This top 10 list summarizes significant decisions of the Delaware Supreme Court and the Delaware Court of Chancery over the past calendar year. Our criteria for selection are that the decision either meaningfully changed Delaware law or provided clarity or guidance on issues relevant to corporate and commercial litigation in Delaware.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | March 4, 2020
In a recent case in the Delaware Court of Chancery involving a suit between the trustee of a trust and the trust's beneficiaries, Vice Chancellor J. Travis Laster had to decide whether the beneficiaries could get access to documents that the trustee claimed were protected from disclosure by the attorney-client privilege.
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller | February 26, 2020
In Ogus v. SportTechie, the Delaware Court of Chancery refused to dismiss portions of seven claims brought by the jilted founder of SportTechie Inc. against corporate insiders and investors related to his removal from office and the purported repurchase of his equity stake in the company.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | February 19, 2020
The standard of review and who has the burden of proof are important issues in any trial of stockholder litigation. One instance where entire fairness is the standard of review is a merger where a controlling stockholder is on both sides of the transaction.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | February 5, 2020
In Hanna v. Baier, C.A. No. S12J-03-058-RFS (Del. Super. Jan. 22, 2020), Delaware Superior Court Judge Richard F. Stokes considered whether the Superior Court was the appropriate forum for enforcement of a charging order requiring the court to consider the validity of conveyances between a limited liability company and its members.
Delaware Business Court Insider | Commentary
By Christopher B. Chuff, Joanna J. Cline, Matthew M. Greenberg and Taylor B. Bartholomew | February 5, 2020
The Delaware Court of Chancery has again confirmed that it will not entertain lawsuits that seek to second-guess a board of directors' good-faith decision to accept one acquisition proposal over another as long as a majority of the board is unaffected by conflicts or the influence of a controlling stockholder.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | January 29, 2020
Uber Technologies' board approved the acquisition of Google's more mature autonomous vehicle program. The transaction was high risk and flawed from its inception, ending in embarrassment after Uber learned that key employees hired from Google had misappropriated Google's proprietary information in the autonomous vehicle program.
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