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Court denied parties' cross-motions on fraudulent transfer and alter ego claims where there were genuine issues of material fact regarding whether transfers could fall under definition of fraudulent transfers and whether transfers were undertaken for legitimate purposes.
Cybersecurity in Delaware: What's a Lawyer Gotta Do?
With data and other electronic security breaches on the rise and work from home being part of the new "normal," there is no better time to make sure you are satisfying your ethical and legal obligations as a Delaware lawyer to protect your client's confidential information.Third Circuit Confirms No Triangular Setoff Under 553 Exception: 'Mutual' Means Mutual
The U.S. Court of Appeals for the Third Circuit recently issued a precedential decision involving a matter of first impression that likely will modify how pharmaceutical and other distributors and their related entities structure their business dealings with manufacturers and others with analogous arrangements.Bankruptcy court denied a motion to disqualify the firm that served as lead counsel for a liquidating trust, because the firm had implemented a screen with respect to an attorney who had joined the firm.
Court granted ex parte application for discovery for use in foreign proceedings where arbitration established by international treaty qualified as a foreign proceeding and where parties seeking to quash subpoenas failed to show the discovery would be inadmissible in foreign proceedings or that those proceedings had already denied similar discovery demands.
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Landis Rath Associate Coordinates DSBA YLD Toy Drive
Landis Rath & Cobb associate Nicolas E. Jenner coordinated the Delaware State Bar Association young lawyers division 2020 toy drive.Landis Rath Founding Partner to Be Inducted as American College of Bankruptcy Fellow
Landis Rath & Cobb announced that founding partner Adam G. Landis is set to be inducted as a fellow of the American College of Bankruptcy in March. Landis is one of 37 nominees.Because a precautionary security interest could be created simultaneously with the assignment of pledged collateral, indentured parties who received the assignment granted them the beneficial interests of the property, such that the owners of the trusts that acquired the property owed the indentured parties fiduciary duties through the owners' control over the trusts.
Fraudulent misrepresentation claims failed due to anti-reliance provision in asset purchase agreement where sophisticated parties expressly limited representations and reliance to written notice of customer terminations.
Counsel for trusts lacked authority to sign proposed consent judgment where trust agreements expressly authorized owner trustee as the sole entity to bind the trusts.
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