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Delaware Business Court Insider

Revlon Does a 'Mindbody' Good

In the 120-page opinion for In re Mindbody, Chancellor Kathaleen McCormick throws shade on Corwin, finding Mindbody's sales process run by Richard Stollmeyer—founder and then-CEO—was not cleansed by Corwin and holding him and Mindbody's private equity acquirer, Vista Equity Partners, liable.
8 minute read

The Legal Intelligencer

Representing Clients in Occupational Licensure Investigations/Enforcement Actions

The obvious starting point for representing many licensed professionals is the enabling legislation. These acts—such as the Medical Practice Act and Architects Licensure Law, for example—typically set forth the powers and duties of the governing board, the requirements for licensure, the prohibition against unlicensed activity, procedures for the handling of impaired professionals, and the grounds for the refusal, revocation or suspension of a license.
5 minute read

Delaware Business Court Insider

'SC SJ Holdings': Plan Modification/Revocation Deadlines Are Strictly Construed and Enforced

In a recent decision in the case of SC SJ Holdings v. Pillsbury Winthrop Shaw Pittman (In re SC SJ Holdings), Civil Action No., 22-00689 (MN), the U.S. District Court for the District of Delaware (the court) affirmed a May 12, 2012, decision of the U.S. Bankruptcy Court for the District of Delaware (the Bankruptcy Court) denying the debtors' motion for relief from certain releases contained in their confirmed plan (the plan).
6 minute read

Delaware Business Court Insider

Chancery Re-Affirms That Director-Designating Investor Is Entitled to Privileged Communications From Company Counsel in Appraisal Litigation

In Hyde Park Venture Partners Fund III v. Fairxchange, the Delaware Court of Chancery reaffirmed the joint client concept of corporate privilege and held that the company could not assert privilege against a former director or his designating investor except as to a books and records demand in which the company and the director were contemporaneously adverse.
6 minute read

Daily Report Online

An 'Intractable' Problem: 187 Methodist Churches Sue North Georgia Conference to Disaffiliate

"It's a difficult case, because these are Methodists who are sincere worshipers who have their sincerely held religious beliefs, and they are up against other sincere worshipers who have sincerely held religious beliefs, and it's one of the reasons the problem is intractable and why they're trying to put it in front of a secular court," defense attorney Wick Cauthorn said.
4 minute read

Delaware Business Court Insider

Court of Chancery Allows 30(B)(6) Depositions as a Tool in Section 220 Discovery

Discovery in a Delaware books and records action involves striking a balance between the right of the parties to prepare for trial and the statutory…
9 minute read

Delaware Business Court Insider

Delaware Court Again Strikes Down Restrictive Covenant in the Sale of Business

The Delaware Court of Chancery again declined to blue-pencil the restrictive covenant sending a clear reminder to buyers that they must narrowly tailor noncompete and nonsolicitation provisions in purchase agreements and related sale documentation under Delaware law.
5 minute read

Delaware Business Court Insider

Recent Decisions Further Define Treatment of SPACs in Delaware

The Delaware Court of Chancery recently issued two decisions addressing claims arising out of so-called "de-SPAC" mergers. Each decision is quickly becoming required reading for SPAC sponsors, boards and transactional planners.
7 minute read

Daily Report Online

How Robins Kaplan Helped Secure $28M Settlement for Ga. State Senator

Robins Kaplan announced that the firm helped secure a $28 million settlement on behalf of its client, Georgia state Sen. John F. Kennedy, R-Macon, against Education Corporation of America, or ECA, for breach of fiduciary duty.
4 minute read

Delaware Business Court Insider

Court of Chancery Denies Bid to Make Records of Arbitration Materials Presumptively Confidential Under Rule 5.1

A recent case, Soligenix v. Emergent Product Development Gaithersburg, called upon the Court of Chancery to answer the related questions of whether arbitration materials automatically qualify for confidential treatment under Court of Chancery Rule 5.1.
6 minute read

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