Delaware Business Court Insider | Commentary
By Michael R. Lastowski | June 19, 2019
Fee shifting is always the exception, rather than the rule, and a party may reasonably expect that each party will bear its own costs. In receivership actions, the receivership will usually bear its own costs.
Delaware Business Court Insider | Q&A
By Justin T. Kelton | June 12, 2019
Justin T. Kelton is a partner at Abrams Fensterman in New York, focusing on commercial litigation. He frequently represents clients in business disputes requiring application of Delaware law by New York courts.
Delaware Business Court Insider | Commentary
By Robert B. Greco | June 12, 2019
In Stein v. Blankfein, the Delaware Court of Chancery issued one of its first opinions addressing director compensation following the Delaware Supreme Court's ruling in In re Investors Bancorp Stockholder Litigation.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | June 5, 2019
In Jalbert v. Flanagan (In re F-Squared Investment Management), the trustee of a liquidating trust sought to avoid bonus payments by the debtors as fraudulent conveyances.
Delaware Business Court Insider | Commentary
By Ellis E. Herington and Douglass Herrmann | May 29, 2019
Delaware courts will enforce the terms of well-drafted, unambiguous contracts. Clearly communicating and memorializing parties' expectations in the terms of their contract puts parties in the best position possible to have their expectations enforced and receive the benefit of their bargain.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | May 22, 2019
Delaware corporate law allows for a corporation to agree in its organizational documents or contracts to advance legal fees and expenses in defense of actions, arising from a person's service to the company.
Delaware Business Court Insider | Commentary
By Jennifer H. Rearden, Jefferson E. Bell and Mark H. Mixon Jr. | May 15, 2019
In 'Verition Partners Master Fund v. Aruba Networks,' the Delaware Supreme Court considered whether the Delaware Court of Chancery abused its discretion in concluding that, as of the “effective date” of the merger between Aruba Networks Inc. and Hewlett-Packard Co., the “fair value” of Aruba was its unaffected market price.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | May 8, 2019
Until recently, there were no cases definitively addressing the scope of Section 18-111's fifth jurisdictional category.
Delaware Business Court Insider | Commentary
By Albert J. Carroll | May 8, 2019
When challenged, transactions involving a corporation and its conflicted controlling stockholder invoke Delaware's rigorous form of judicial scrutiny, known as entire fairness review.
Delaware Business Court Insider | Commentary
By Richard L. Renck | May 1, 2019
Most readers of this publication will likely be familiar with the MFW conditions announced by the Delaware Supreme Court in 2014, and which, when present, alter the standard of review of transactions between a Delaware corporation and a controller from the traditional—and onerous—entire fairness standard of review to the application of the business judgment rule.
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