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July 24, 2024 | Delaware Business Court Insider

Controlling Stockholder Transactions That Do Not Involve a Freeze-Out Merger May Satisfy MFW to Obtain Business Judgment Review

Since MFW, the Court of Chancery has applied the MFW framework to assess the standard of review of controlling stockholder transactions that did not involve a freeze-out merger, which commentators have referred to as "MFW creep."
5 minute read
July 17, 2024 | Delaware Business Court Insider

Chancery Confirms Arbitration Award Resulting in Negative Purchase Price

As the Delaware Chancery Court's recent decision in SM Buyer v. RMP Seller Holdings demonstrates, the deference afforded to an arbitrator may result in decisions with which a reviewing court may disagree but that the court is nonetheless bound to confirm.
6 minute read
DPML Jamison Corner, LLC v. New Castle County
Publication Date: 2024-06-25
Practice Area: Corporate Entities
Industry: Real Estate | State and Local Government
Court: Court of Chancery
Judge: Vice Chancellor McCormick
Attorneys:
For plaintiff: A. Kimberly Hoffman, R. Eric Hacker, Alena V. Smith, Morris James LLP, Wilmington, DE, attorneys for plaintiff.
For defendant: Max B. Walton, Lisa R. Hatfield, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE, attorneys for defendant.
Case number: 2024-0403-KSJM

Court allowed parties to enter a status quo order staying the proceedings where necessary to protect plaintiff's interest in mandamus proceeding to challenge expiration of land development plan.

June 24, 2024 | Delaware Law Weekly

Morris James IP Litigators Contribute to New Book on Biosimilars Litigation

Morris James intellectual property attorneys Kenneth Dorsney and Cortlan Hitch have edited and contributed to the newly published book "Biosimilars Litigation and Client Counseling," which is available through the American Bar Association.
2 minute read
June 19, 2024 | Delaware Business Court Insider

Chancery Reviews SPAC Precedents and Dismisses Complaint for Failure to Show Impairment of Stockholders' Redemption Rights

In the recent decision of In re Hennessy Capital Acquisition IV Shareholder Litigation, the Delaware Court of Chancery observed that the ensuing "abundance of SPAC fiduciary duty claims suggests that stockholder plaintiffs have taken notice," and that SPAC litigation had become "ubiquitous" in the court.
10 minute read
June 17, 2024 | Delaware Law Weekly

DSBA to Hold Fundamentals of Law Practice Management CLE

The Office of Disciplinary Counsel and the Delaware State Bar Association (DSBA) are scheduled to hold a CLE titled "Fundamentals of Law Practice Management 2024" from 9 a.m. to 4 p.m. on Tuesday.
1 minute read
Yangaroo Inc. v. Digital Media Serv., Inc.
Publication Date: 2024-06-11
Practice Area: Business Torts
Industry: Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys:
For plaintiff: David J. Soldo, Morris James LLP, Wilmington, DE; Anne Mercado Clark, Jeffrey D. Coren, Phillips Lytle LLP, Buffalo, NY for plaintiff.
For defendant: Catherine A. Gaul, Randall J. Teti, Ashby & Geddes, Wilmington, DE; George A. Gasper, Ice Miller LLP, Indianapolis, IN; Ethan H. Townsend, Daniel T. Menken, McDermott Will & Emery LLP, Wilmington, DE for defendants.
Case number: N23C-06-090 EMD CCLD

Aiding and abetting clause plausibly alleged as to sellers' advisors where they were involved in due diligence and thus plausibly could have assisted sellers in withholding material information, which breached representations and warranties.

June 10, 2024 | Delaware Law Weekly

DSBA to Hold Bankruptcy CLE

The bankruptcy section of the Delaware State Bar Association (DSBA) is scheduled to hold a live CLE titled "Bankruptcy Nuts and Bolts 2024" from 9 a.m. to 12:30 p.m. on June 12.
1 minute read
May 29, 2024 | Delaware Law Weekly

DSBA to Hold Bad News Advice CLE

The litigation section of the Delaware State Bar Association (DSBA) is scheduled to hold a live CLE titled "How to Break Bad News Without Breaking Your Professional Career" from 10 to 11:30 a.m. on Thursday.
1 minute read
May 22, 2024 | Delaware Business Court Insider

Del. Exclusive Forum Selection Clause Does Not Bind Contracting Party's Managers, Principals, Owners Who Do Not Directly Benefit From Contract

Parties to transaction agreements often choose Delaware as the exclusive forum for disputes arising out of their transactions. This is common, where the parties are from diffuse geographic locations, but desire a single forum well-versed in corporate and commercial law—like Delaware—to resolve their disputes.
5 minute read

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