Delaware Business Court Insider | Commentary
By Joanna J. Cline and Emily L. Wheatley | May 27, 2020
The Delaware Superior Court recently elaborated on the common interest doctrine in the context of a merger. In American Bottling v. Repole, Judge Abigail LeGrow held that privileged communications shared with a third party during the final stages of a merger were not subject to the common interest doctrine.
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller and Taylor D. Anderson | April 29, 2020
The COVID-19 pandemic has caused significant worldwide disruptions of business operations and has negatively impacted stock prices globally. As a result, many corporations find themselves potentially vulnerable to abusive takeover tactics.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Chauna A. Abner | April 22, 2020
Amidst the COVID-19 pandemic, the Delaware Court of Chancery recently held that despite a forum selection clause designating New York as the appropriate venue to litigate disputes arising under an agreement, the parties could seek relief in the Court of Chancery because New York courts were unavailable.
Delaware Business Court Insider | Commentary
By Michael R. Lastowski | April 1, 2020
In JKJ Partnership 2011 v. Sanofi-Aventis US, the Delaware Supreme Court, answering certified questions from the U.S. Court of Appeals for the Third Circuit, held that when a partnership replaced one of its original three partners with a new partner, the partnership dissolved.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | April 1, 2020
In Carickhoff, Chapter 7 Trustee v. Goodwin (In re Decade S.A.C.), Chief Bankruptcy Judge Christopher Sontchi refused to grant a motion to stay bankruptcy proceedings pending an appeal to the district court on the grounds that the appeal had divested the bankruptcy court of jurisdiction.
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | March 18, 2020
The Court of Chancery's recent decision in Salladay v. Lev, (Del. Ch. Feb. 27, 2020), denied the director-defendants' attempt to invoke procedural safeguards—a special committee and independent stockholder approval—to dismiss a stockholder suit challenging a going-private merger.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus, Albert H. Manwaring IV and Albert J. Carroll | March 11, 2020
This top 10 list summarizes significant decisions of the Delaware Supreme Court and the Delaware Court of Chancery over the past calendar year. Our criteria for selection are that the decision either meaningfully changed Delaware law or provided clarity or guidance on issues relevant to corporate and commercial litigation in Delaware.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | March 4, 2020
In a recent case in the Delaware Court of Chancery involving a suit between the trustee of a trust and the trust's beneficiaries, Vice Chancellor J. Travis Laster had to decide whether the beneficiaries could get access to documents that the trustee claimed were protected from disclosure by the attorney-client privilege.
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller | February 26, 2020
In Ogus v. SportTechie, the Delaware Court of Chancery refused to dismiss portions of seven claims brought by the jilted founder of SportTechie Inc. against corporate insiders and investors related to his removal from office and the purported repurchase of his equity stake in the company.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | February 5, 2020
In Hanna v. Baier, C.A. No. S12J-03-058-RFS (Del. Super. Jan. 22, 2020), Delaware Superior Court Judge Richard F. Stokes considered whether the Superior Court was the appropriate forum for enforcement of a charging order requiring the court to consider the validity of conveyances between a limited liability company and its members.
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