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Delaware Business Court Insider

The Delaware Rapid Arbitration Act: Prompt, Cost-Effective, Efficient and Underutilized

Delaware has a tool, and it remains underutilized: the Delaware Rapid Arbitration Act. The DRAA provides a structure for quick, streamlined and confidential arbitration.
7 minute read

The Recorder

Apple Hit With Class Action Complaint Over Allegations Its iOS 15 Update Slowed iPhone 7 Devices

This complaint was first surfaced by Law.com Radar.
5 minute read

The Legal Intelligencer

Can Corporations Registered to Do Business in Pa. Defeat Jurisdiction Under Dormant Commerce Clause Argument?

In this moment in time, the perplexing issue raised by this appeal is why shouldn't a nationwide corporation be subject to personal jurisdiction in each state in which it decides to obtain the benefits obtained by registering to do business and carrying out continuous and substantial business—regardless of the state in which the harm has arisen?
6 minute read

Delaware Business Court Insider

New Shareholder Voting Requirements Could Offer Corporations Litigation Buffer

While any shift in how much say corporations need to give shareholders is likely to catch litigators' eye, corporate attorneys say this year's changes affect processes in-house and are not likely to spill over into the courts much, at least not directly.
4 minute read

Delaware Business Court Insider

Difference in Political Beliefs Is Not a Proper Purpose for Section 220 Action

The right of a shareholder to demand to inspect a company's books and records may be an important tool but it is not without limits. In a recent decision involving The Walt Disney Co. (Disney), the Delaware Court of Chancery reminded one litigant that disagreement over business decisions, including decisions about a company's position on social issues, is not a proper basis for a shareholder action under Section 220.
5 minute read

New Jersey Law Journal

Failure to Communicate: Why Better Tech Doesn't Mean Better Communication

Ironically, the ease of instantaneous written communications today has arguably not always resulted in enhanced communication.
8 minute read

Delaware Business Court Insider

Covenant Not to Sue for Loyalty Breaches in an Agreement Among Stockholders May Operate Within the Space for Fiduciary Tailoring

In New Enterprise Associates 14. v. Rich, the Delaware Court of Chancery ruled that a covenant not to sue for breach of fiduciary duties in connection with the exercise of a drag-along provision to approve a merger or sale contained in a voting agreement among sophisticated stockholders in a Delaware general corporation was not facially invalid.
4 minute read

Law.com

Class Action Alleges P&G's Febreze Car Vent Clips Leak and Cause Damage to Vehicle Surfaces

This complaint was first surfaced by Law.com Radar.
4 minute read

Delaware Business Court Insider

Court of Chancery Address Scope of Privilege Concerning Third-Parties

In this stockholder derivative action, the plaintiff claimed that the defendants—members of Tesla's board of directors—breached their fiduciary duties by awarding themselves excessive and unfair compensation between 2017 and 2020.
8 minute read

Delaware Business Court Insider

Shareholders in Pipeline Company Win Claim for Disclosure Breach in Case Over Merger Talks

The litigation was said to have resulted in one of the largest shareholder verdicts in Delaware history.
5 minute read

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