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October 05, 2023 | The American Lawyer

Commercial Bankruptcy Set to Rival 2020 If Current Trends Hold

Not since the global financial crisis have large corporate bankruptcies been as common as they are this year, according to a new report by New Generation Research.
3 minute read
Rem OA Holdings, LLC v. Northern Gold Holdings, LLC
Publication Date: 2023-10-02
Practice Area: Corporate Entities
Industry:
Court: Court of Chancery
Judge: Vice Chancellor Will
Attorneys:
For plaintiff: Thomas W. Briggs, Jr., Alexandra Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Michael C. Holmes, Jeffrey Crough, Thomas Mitsch, Vinson & Elkins LLP, Dallas, TX; Matthew R. Freidenberg, Vinson & Elkins LLP, New York, NY; Scott B. Czerwonka, D. Charles Vavala, III, Wilks Law, LLC, Wilmington, DE for plaintiffs.
For defendant: Martin S. Lessner, Elisabeth S. Bradley, M. Paige Valeski, Young Conaway Stargatt & Taylor LLP, Wilmington, DE for defendant. John D. Hendershot, Matthew W. Murphy, Angela Lam, Richards, Layton & Finger, P.A., Wilmington, DE for nominal defendant.
Case number: 2022-0582-LWW

Noting that a contracting party is obligated to read any contract it signs including any documents incorporated by reference, the court denied defendant relief because it could have discovered the challenged loan terms by exercising ordinary care.

September 27, 2023 | Delaware Law Weekly

Chancery Leadership Begins Updating Rules to Address 'Huge Inconvenience' of Formatting Filings

The state judiciary announced the first round of a comprehensive update to the court's rules, an undertaking led by a subcommittee of the Court of Chancery Rules subcommittee.
4 minute read
September 27, 2023 | Delaware Business Court Insider

Rule Changes Address 'Huge Inconvenience' of Formatting Chancery Filings

The state judiciary announced the first round of a comprehensive update to the court's rules, an undertaking led by a subcommittee of the Court of Chancery Rules subcommittee.
4 minute read
September 25, 2023 | Delaware Law Weekly

DSBA to Hold Corporate Law Anniversary CLE

The Delaware State Bar Association is scheduled to hold a live event titled, "Omnicare v. NCS, A 20th Anniversary CLE" from 2 to 4 p.m. Tuesday.
2 minute read
September 13, 2023 | Delaware Business Court Insider

Here's Why a Delaware Judge Says TransPerfect's 14th Deal-Protesting Case Should Be Dismissed

Martin Russo, an attorney for TransPerfect, said he believes U.S. Magistrate Judge Jennifer L. Hall took months to come to an "erroneous reasoning" because TransPerfect had the better arguments on the merits.
5 minute read
September 08, 2023 | Pro Mid Market

Midsize Moves: Pryor Cashman Hires 2 Schnader Partners, Potter Anderson Nabs Young Conaway Attorney

Pryor Cashman announced that Paul E. Van Horn and Erica Howard-Potter have joined the firm as partners in the trusts and estates practice and private client group in its New York office; Potter Anderson & Corroon announced that Lauren E.M. Russell has joined the firm as a partner in the labor and employment group.
3 minute read
Hammann v. Adamis Pharm. Corp.
Publication Date: 2023-09-04
Practice Area: Corporate Governance
Industry: Pharmaceuticals
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys:
For plaintiff: Jerald Hammann, plaintiff pro se.
For defendant: Rolin P. Bissell, James M. Yoch, Jr., Alberto E. Chávez, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael C. Holmes, Robert P. Ritchie, Jeremy R. Gonzalez, Vinson & Elkins L.L.P., Dallas, TX for defendants.
Case number: 2021-0506-PAF

Stockholder's action to invalidate board election was moot where directors had completed their terms and the company had elected a new board.

August 17, 2023 | Delaware Business Court Insider

What's Fair Enough Is Fair: Entire Fairness Decisions Show M&A Perfection Not Required

Historically, it's been a rarity for a defendant to win once the notoriously stringent entire fairness has been applied as the standard of review in a Chancery case. But that may be changing.
5 minute read
August 17, 2023 | Delaware Law Weekly

Decisions on Entire Fairness Doctrine Show M&A Perfection Is Not Required

Historically, it's been a rarity for a defendant to win once the notoriously stringent entire fairness has been applied as the standard of review in a Chancery case. But that may be changing.
5 minute read

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