Delaware Business Court Insider | Commentary
By Edward M. McNally | August 1, 2018
We all sometimes believe we know more than what we really do understand. Despite scholarly warnings about that tendency, it continues to mislead us. Now that same error is threatening the legal profession.
Delaware Business Court Insider | Commentary
By Gabriel Herrmann and Lee R. Crain | July 25, 2018
The Delaware Court of Chancery's decision in Wenske v. Blue Bell Creameries, C.A. No. 2017-0699-JRS (July 6, 2018) (Slights, V.C.), highlights an interesting practical challenge faced by parties seeking to impose oversight obligations on a manager charged with operating a business in accordance with sound industry business practices.
Delaware Business Court Insider | News
By Tom McParland | July 24, 2018
A magistrate judge in Delaware on Monday put a derivative suit against Twitter Inc.'s board of directors on pause while the San Francisco-based social media giant defends a similar securities suit in a California federal court.
Delaware Business Court Insider | News
By Tom McParland | July 18, 2018
A Twitter Inc. shareholder has accused the company's top directors in the Delaware Court of Chancery of padding the company's performance data, in the latest lawsuit to target the San Francisco-based social media giant's user engagement disclosures in 2015.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | June 27, 2018
When friends go into business, their ties may fray if the business experiences difficulty and the parties have different views of how to proceed and who is responsible.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | June 27, 2018
In Official Committee of Unsecured Creditors v. Constellation Enterprises (In re Constellation Enterprises), Judge Andrews held that a creditors' committee automatically dissolved when a Chapter 11 case was converted to a Chapter 7 case and as a result it lacked the capacity or authority to pursue appeals that had been filed from orders of the bankruptcy court, including the order converting the case.
Delaware Business Court Insider | Commentary
By Edward M. McNally | June 20, 2018
Every transaction to some extent is based on trust. At least a buyer trusts that a seller is not actively trying to defraud him.
Delaware Business Court Insider | News
By Tom McParland | June 18, 2018
The Delaware Court of Chancery has dismissed a suit filed by a home security company that accused a private equity firm of stealing trade secrets through its investment in a competitor.
Delaware Business Court Insider | Commentary
By Jennifer H. Rearden, Jefferson E. Bell and Michael Marron | June 13, 2018
In Steinberg v. Bearden, the Delaware Chancery Court considered whether the Aronson or Rales test for demand futility should apply to a derivative claim for breach of fiduciary duty against directors who allegedly made false and misleading statements.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | June 6, 2018
In TCV VI v. TradingScreen, Vice Chancellor J. Travis Laster addressed the scope of the materials that a lawyer must produce to a former client upon request.
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