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August 19, 2020 | Delaware Business Court Insider

Court of Chancery's Post-'Olenik' Interpretation of the 'Ab Initio' Requirement

Since Olenik, each of the three published Court of Chancery opinions substantively addressing whether transacting parties met the ab initio requirement held that the parties failed. This article elucidates the contours of the ab initio requirement by mining fact-based guideposts from those three cases.
6 minute read
August 05, 2020 | Pro Mid Market

Who Got the Work: Tailored Trademarks and a Group Chat Investigation

Pryor Cashman advised WHP Global in its acquisition of a menswear brand's trademarks, a California high school hires Best Best & Krieger to investigate trouble surrounding a racist group chat that originated in the school, and other work from midsize firms.
2 minute read
July 29, 2020 | New York Law Journal

AG James Office Mum on Effort to Revive Rejected Weinstein Settlement in Delaware Bankruptcy Case

The new proposal, part of The Weinstein Co.'s Chapter 11 bankruptcy proceedings in Delaware, seeks to revive an original class settlement agreement, touted by James as a "victory" for Weinstein's accusers, which sought to create a nearly $19 million compensation fund to resolve the claims.
5 minute read
July 23, 2020 | Delaware Business Court Insider

Investors, in Lawsuit, Accuse Tech Company of Making Subsidiary 'Judgment Proof'

No part of the $57 million judgment or its accrued interest has been paid, and no bond has been put up to stay the judgment, according to the complaint.
3 minute read
July 08, 2020 | The American Lawyer

Weil Adds Brooks Brothers to Its Busy Slate of Retail Bankruptcies

As the pandemic leads to more bankruptcies, Weil, Gotshal & Manges is expanding its client portfolio in the retail sector with representations of J.Crew, Brooks Brothers and others.
3 minute read
June 15, 2020 | Delaware Business Court Insider

Investors' Case Against Twitter Reopened in Delaware Amid Delays in California Suit

Nearly two years after being put on hold, a case alleging Twitter Inc.'s directors misled shareholders about seeing growth in the number of users on the social media platform has been reopened.
4 minute read
June 15, 2020 | Delaware Law Weekly

Investors' Case Against Twitter Reopened in Del., as Calif. Suit Takes 23 Months to Resolve

Nearly two years after being put on hold, a case alleging Twitter Inc.'s directors misled shareholders about seeing growth in the number of users on the social media platform has been reopened.
4 minute read
June 04, 2020 | Pro Mid Market

Who Got the Work: A Bakery Bankruptcy and 401(K) Fraud

Richards, Layton & Finger provides legal counsel to the U.S. branch of Le Pain Quotidien as it files for Chapter 11 bankruptcy, Dilworth Paxson defends MandMarblestone against a law firm that says the company is responsible for a lawyer's loss of his 401(k) plan, and other work from midsize firms.
3 minute read
May 13, 2020 | Delaware Law Weekly

Gilead is Suing Feds in Delaware but Still Working With Government Amid COVID-19

"Notwithstanding this dispute, Gilead will continue to work with federal agencies, including HHS and the CDC," Gilead, represented by a team from Wilmer Cutler Pickering Hale and Dorr, including former U.S. Attorney Ronald Machen Jr., said in announcing the new lawsuit.
5 minute read
May 06, 2020 | Delaware Business Court Insider

Cause of Action for Professional Negligence Accrues at the Time of Injury, Not When Damages Occur

The Delaware Supreme Court held that for tort claims, such as legal malpractice claims, the wrongful act occurs at the time of injury, however slight, and the statute of limitations can start to run before any actual or substantial damages occur.
7 minute read

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