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The Legal Intelligencer

Understanding the One-Stop-Shop Rule: Navigating S Corporation Terminations and Revocations

What business owners often fail to realize is that the initial S Election kicks off a litany of compliance obligations that S Corporations must continually observe, supplemented by volumes of Treasury Regulations and Revenue Rulings interpreting and, in several instances, expanding these compliance rules.
6 minute read

Delaware Business Court Insider

Chancery Orders Unisys to Foot Ex-Exec's Legal Bill, Highlighting Power of Contra Proferentem Doctrine

In Gilbert v. Unisys, the Delaware Court of Chancery ruled that information technology company Unisys Corp. must advance legal fees incurred by two former employees. The underlying lawsuit filed by the company in Pennsylvania federal court alleges trade secret infringement by the former employees.
6 minute read

Daily Business Review

Ethics and Compliance: A Competitive Advantage

Compliance has evolved beyond a mere regulatory obligation; it's now a strategic asset for driving business success in today's data-driven world. It enables organizations to build trust, stand out in the market, minimize risks, boost operational efficiency, and strengthen their credibility.
6 minute read

Delaware Business Court Insider

In Wake of 'Purdue Pharma,' Del. Bankruptcy Court Clarifies That Preliminary Injunctions of Claims Against Nondebtors Remain Permissible

In the wake of the U.S. Supreme Court's landmark decision this June in Harrington v. Purdue Pharma, the U.S. Bankruptcy Court for the District of Delaware recently addressed a question left open by the Supreme Court—whether a bankruptcy court may still issue a preliminary (i.e., temporary) injunction of a creditor's claims against a nondebtor.
7 minute read

Delaware Business Court Insider

Minority Stockholder Was Not a Controller Because Plaintiff Did Not Adequately Plead Actual Control of the Company's Business Affairs

The actual control theory is "not easy to satisfy." In its recent decision, Scianella v. AstraZeneca UK Limited, C.A. No. 2023-0125-PAF (Del. Ch. July 8, 2024), the Delaware Court of Chancery emphasized that plaintiffs have a steep burden even at the pleadings stage to demonstrate actual control.
5 minute read

The Legal Intelligencer

Federal Judge Rejects CVS's Attorney-Client Privilege Claims, Orders Retailer to Turn Over Communications in Qui Tam Action

U.S. District Judge Gerald Austin McHugh rejected the "broad claim of attorney-client privilege" over Illuminate's work and communication with CVS, noting that such protections aren't automatically given because it pertains to documents routed through an attorney.
5 minute read

Law.com

State Appeals Court's Rejection of Contributory Negligence Arguments in $12M Railroad Injury Suit Sparks Forum Shopping Warning From Dissent

"Here, we take irrational disparity to a new level: FELA will mean one thing in Illinois and another thing in Missouri even with regard to identical accidents in Illinois to which the same Illinois safety regulation applies," Missouri Appellate Judge Cristian M. Stevens wrote in a dissenting opinion.
5 minute read

New Jersey Law Journal

Enzo BioChem Settles With NJ, Other States for $4.5M Over Health Data Breach

"It is stunning that as recently as last year, this health care company apparently did not abide by basic security precautions for online accounts, such as instructing its employees not to share passwords," New Jersey Attorney General Matthew J. Platkin said in a statement on the settlement.
4 minute read

Delaware Business Court Insider

Chancery Court Opinion in 'Centrella v. Avantor': A Continuation of Expanding Advancement Rights

The recent decision by Delaware Vice Chancellor Nathan Cook in Centrella v. Avantor Inc. continues a notable trend in Delaware jurisprudence, emphasizing the broad application of advancement rights.
6 minute read

Delaware Business Court Insider

Journey Bandmates in Corporate Deadlock Turns to Court of Chancery

Keyboardist Jonathan Cain, represented by Fox Rothschild, has filed a petition for the court to appoint a custodian to act as an independent third director of Freedom 2020 Inc., the operating entity in which Cain and Journey guitarist Neal Schon each hold 50% of the voting stock.
2 minute read

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