Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | February 20, 2019
Section 220 of the Delaware General Corporation Law permits a stockholder to inspect the books and records of a corporation, provided that the demand for inspection meets certain form and manner requirements, and the inspection is sought for a proper purpose—e.g., one reasonably related to the interests of stockholders.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | February 20, 2019
In a recent case, Master in Chancery Patricia W. Griffin recommended that the Court of Chancery grant a creditor's motion for summary judgment and order the entry of personal and in rem judgments against its debtors based on a finding that the undisputed facts gave rise to an enforceable equitable mortgage.
Delaware Business Court Insider | Commentary
By James L. Hallowell and Mark H. Mixon Jr. | February 13, 2019
The Court of Chancery's holding in Salzberg offers what might seem to be a cautious interpretation of the reach of Delaware corporate law.
Delaware Business Court Insider | Commentary
By James H. S. Levine and Douglas D. Herrmann | February 6, 2019
Section 220(d) of the Delaware General Corporation Law permits a director to inspect a company's books and records for purposes reasonably related to the director's position as a director.
Delaware Business Court Insider | Commentary
By Justin T. Kelton | January 30, 2019
The Delaware Court of Chancery in Brown v. Kellar, recently issued a decision clarifying the scope of actions under 8 Del. C. Section 225, which provides a procedure to determine issues that pertain to actions to elect or remove a director or officer.
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | January 23, 2019
The implied covenant of good faith and fair dealing inheres in all contracts governed by Delaware law. In some circumstances, the implied covenant may apply to fill “gaps” in an agreement consistent with the parties' reasonable expectations at the time of contracting.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | January 16, 2019
A recent opinion by Vice Chancellor Tamika Montgomery-Reeves illustrates the pitfalls in not specifically addressing the scope of “mutual general releases” when agreeing to settle litigation.
Delaware Business Court Insider | Commentary
By Peter N. Flocos and Joanna Diakos | January 9, 2019
In a case arising out of the purchase by Great Hill Partners of Plimus (now known as BlueSnap, Inc.), the Delaware Court of Chancery, after a 10-day trial and extensive post-trial briefing and oral argument, recently rejected all of the fraud-based claims made by Great Hill against the two founders of Plimus.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Chauna A. Abner | January 2, 2019
For the 14th year, we have created an annual list of important corporate and commercial decisions of the Delaware Supreme Court and the Delaware Court of Chancery.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | December 19, 2018
In CapStack Nashville 3 v. MACC Venture Partners, Vice Chancellor Sam Glasscock III considered whether equity had jurisdiction to entertain a temporary restraining order that would have the effect of a prior restraint on speech.
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