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October 23, 2024 | Delaware Business Court Insider

Repurchase Option in LLC Agreement Tied to Nondisparagement Provision Does Not Violate the Absolute Litigation Privilege

In this recent decision from the Delaware Court of Chancery, Seva Holdings v. Octo Platform Equity Holdings, the court considered whether a membership interest repurchase right under an LLC agreement triggered by breach of a nondisparagement restriction was enforceable, or whether the repurchase scheme violated the absolute litigation privilege.
5 minute read
October 17, 2024 | Delaware Business Court Insider

Four Delaware Supreme Court Arguments to Pay Attention to This Fall

Closely-watched cases could have implications for areas of corporate law that have come up repeatedly in attorneys' conversations this year and in 2023, including controlling shareholders, out-of-state incorporations and how much leeway the Court of Chancery has in reviewing arbitration awards and non-competes.
6 minute read
October 09, 2024 | Delaware Business Court Insider

Court of Chancery Rejects 'Caremark' Liability for Imperfect Compliance With Legal Obligations

In dismissing for failure to plead demand futility, Vice Chancellor Lori W. Will explained that that allegations of independent directors' knowledge of "imperfect compliance" did not provide a reasonable inference of bad faith "intentional lawbreaking."
5 minute read
October 02, 2024 | The American Lawyer

Rupert Murdoch Trust Trial Underscores Lucrative Nature of High-End Private Client Practices

Trusts and estates disputes can generate more legal work than mainstream practices when firms commit to the practice area. However, the practice doesn't come without risk.
6 minute read
Law Journal Press | Digital Book Florida Construction Defect Litigation 2025 Authors: Gary L. Brown View this Book

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September 11, 2024 | Delaware Business Court Insider

Court of Chancery Invalidates Election of Directors Where Board Improperly Set the Record Date

This case illustrates that the court generally will not use Section 205 to validate a deliberate, intentional violation of a statute to set the record date for a meeting, at least when a short period of time passes between the defective action and the court proceeding.
4 minute read
August 30, 2024 | Litigation Daily

Litigator of the Week Runners-Up and Shout-Outs

Davis Polk & Wardwell secured a win for Morgan Stanley in a case the firm has handled since 2012 against German bank IKB Deutsche Industriebank AG stemming from IKB's purchase of residential mortgage-backed securities between 2005 and 2007.
5 minute read
August 29, 2024 | New Jersey Law Journal

Announcing the finalists for the New Jersey Legal Awards 2024

The New Jersey Law Journal has announced this year's honorees for the New Jersey Legal Awards, and among them are the finalists for two of the Law…
5 minute read
August 23, 2024 | Daily Report Online

Georgia May Be 'Purple,' But Its Lawyers Are Backing Kamala Harris With Their Wallets

Federal campaign contribution data shows the state's attorneys, particularly those in Big Law, giving more cash to Kamala Harris than Donald Trump this year.
5 minute read

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