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Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | April 3, 2019
In a recent letter opinion, Tratado de Libre Commercio v. Splitcast Technology, C.A. No. 2019-0014-JRS (Del. Ch. March 6), Vice Chancellor Joseph Slights addressed the issue of how to perfect service upon a dissolved limited liability company (LLC).
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Chauna A. Abner | March 27, 2019
This case is important for the clear guidance it provides for anyone who seeks to understand Section 144(a)'s safe harbors when one or more board members are conflicted in connection with a board vote.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | March 13, 2019
Central to this post-trial opinion is his discussion regarding the contours of the “line of business” test and the need to apply the concept flexibly and sensibly when determining whether a corporation has an interest in a line of business.
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller | March 6, 2019
These decisions highlight the powerful effect, and potentially unintended consequences, of using a “void” provision in the governing documents of Delaware alternative entities.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | March 6, 2019
Stockholders who seek to inspect the books and records of a Delaware corporation to investigate mismanagement merely have to demonstrate a “credible suspicion” that officers or directors have breached their fiduciary duties.
Delaware Business Court Insider
By Richard L. Renck | February 27, 2019
The Delaware courts have been asked several times in the last few years to interpret contracting parties' intent when they have relegated certain disputes to “an expert, not an arbitrator” as a form of alternative dispute resolution.
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.
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