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Delaware Business Court Insider | Commentary
By Benjamin A. Smyth | January 25, 2023
Restrictive covenants—like noncompetition and nonsolicitation provisions—are common. A recent decision by the Delaware Court of Chancery is important to understanding how restrictive covenants can be used and makes clear that the covenant cannot be overly broad, even if the parties have agreed that it is "reasonable."
Delaware Business Court Insider | Commentary
By David J. Margules | January 25, 2023
Delaware's Supreme Court unanimously overturned a landmark Chancery Court judgment holding a general partner liable for exercising an option to cash out minority holders in bad faith reliance on a "contrived" legal opinion.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Sean M. Brennecke | January 18, 2023
This list highlights notable decisions that should be of widespread interest to those who work in the corporate and commercial litigation field or who follow the latest developments in this area of Delaware law.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Sean M. Brennecke | January 11, 2023
This list does not attempt to include all important decisions of those two courts that were rendered in 2022. Instead, this list highlights notable decisions that should be of widespread interest to those who work in the corporate and commercial litigation field or who follow the latest developments in this area of Delaware law.
Delaware Business Court Insider | Commentary
By Cliff C. Gardner and Andrew Kinsey | January 4, 2023
On Nov. 18, 2022, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery issued an opinion that provides a helpful roadmap for future litigants seeking discovery from foreign nonparties. In In re Cote d'Azur Estate, the court granted a plaintiff's request for the issuance of a letter of request to "obtain the assistance of the central authority in Switzerland to facilitate discovery."
Delaware Business Court Insider | Commentary
By Mark E. Felger and Simon E. Fraser | January 4, 2023
Following this decision, the ability of a party-in-interest to obtain an order from the bankruptcy court de-designating a subchapter V case is uncertain.
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | December 28, 2022
The Delaware Court of Chancery largely rejected arguments that laches barred fiduciary duty claims against AmerisourceBergen's directors and officers for acting in bad faith by disregarding red flags in safety reporting and monitoring systems and knowingly operating the business in a manner to violate positive law.
Delaware Business Court Insider | Commentary
By Richard L. Renck | December 14, 2022
In the latest installment of a long-running dispute, Vice Chancellor J. Travis Laster recently issued a memorandum opinion denying a motion to dismiss and granting a partial motion for summary judgment in expedited proceedings pursuant to Section 225 of the Delaware General Corporation Law in Hawk Investment Holdings v. Stream TV Networks.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | December 7, 2022
In In re Cote D'Azur Estate, Vice Chancellor J. Travis Laster considered a motion for the issuance of a letter of request under the Hague Convention. In granting the motion, the vice chancellor addressed the requirements for issuing letters of request.
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller and Brian T.M. Mammarella | November 16, 2022
This article offers a high-level snapshot of the current state of Caremark jurisprudence by highlighting three key takeaways from the 21 published trial court opinions addressing motions to dismiss Caremark claims issued post-Marchand.
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