Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
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.
Delaware Business Court Insider | Commentary
By Edward M. McNally | December 19, 2018
The Delaware Court of Chancery has now decided that its past guidance on how to conduct discovery has not cured this problem. It is time, instead, to impose increased sanctions for the most often repeated discovery abuses.
Delaware Business Court Insider | Commentary
By Andrew W. Stern, James Heyworth and Benjamin F. Burry | December 12, 2018
The Chancery Court will continue to face novel theories of controlling stockholder liability based on contract rights, and Delaware's ability to impose clear limits on when an investor's contract rights render it a fiduciary to the company will have significant consequences for corporate finance and strategic investments under Delaware law going forward.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | December 12, 2018
Once a transaction closes, if a stockholder cannot allege that a majority stockholder vote approving a transaction was uninformed or coerced, then the court will dismiss a complaint attacking the fairness of the transaction under the business judgment standard of review.
Delaware Business Court Insider | Commentary
By Edward M. McNally | November 28, 2018
The Delaware courts are leading the way to cure the problems that litigation critics complain of most. Recent Delaware Court of Chancery decisions are yet another example of that leadership. We begin to show how that is being done, by outlining the perceived problems.
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