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Delaware Business Court Insider

Court Upholds Garnishment of Beneficiary's Interest in Distributions From a Del. Statutory Trust

In Protech Minerals v. Dugout Team, No. 288, 2021, 2022 WL 4004606 (Del. Sept. 2, 2022), the Delaware Supreme Court affirmed that trust distributions are personal property subject to garnishment. The court declined to consider whether the result would be different if the trust were a spendthrift trust.
7 minute read

Corporate Counsel

Board Diversity—More Than Checking a Box: Tips for Increasing Effectiveness

Contrasting viewpoints foster increased board engagement and can help an organization stay nimble while improving board effectiveness.
6 minute read

Corporate Counsel

Employ the Galileo Mindset to Discover $59M in Annual Legal Value

To understand their value, in-house legal teams might adopt a data scientist mentality and embrace the same disciplined approach used by other major corporate functions.
6 minute read

Delaware Business Court Insider

Chancery Reinforces Del. Law's 'Twice-Tested' Review When Invalidating Board Action Designed to Disenfranchise Stockholders

Unless specifically authorized by Delaware's General Corporate Law (DGCL), the contents of a corporation's charter do not displace directors' fiduciary obligations or override the court's "enhanced scrutiny" review for transactions implicating shareholders' sacrosanct voting rights.
6 minute read

Corporate Counsel

Business in California: Website Accessibility Suits

While there is no silver bullet to compliance, settlements requiring WCAG 2.0 AA are regularly approved by the courts. This would suggest that taking active steps to comply with the WCAG would be sufficiently reasonable to comply with the ADA and could be used to deter zealous plaintiff's firms early in, if not before, the litigation.
7 minute read

Corporate Counsel

Attorney Malpractice Avoidance: 6 Ways Not to Become a Party

Whether they become claims or not, no lawyer wants to make a mistake that harms their client. The big difference for in-house attorneys is that they…
5 minute read

Daily Business Review

Why 'G' Is the Key Letter to Bring Real Change to the ESG World

Today, backing up your words is more valued than ever. In the midst of a dizzying and uncertain global scenario, where the political, economic, socio-cultural, and environmental paradigms have undergone transformations, companies must be sure of their values and purpose.
5 minute read

Delaware Business Court Insider

Ruling in 'RC JRV Trust' a Reminder for Practitioners to Obtain, Properly Serve a Summons

Recently, in RC JRV Trust v. Barnes & Thornburg (In re JRV Group USA), No. 19-11095 (KBO), 2022 WL 3646288, at *1 (D. Del. Aug. 24, 2022), the U.S. District Court for the District of Delaware granted, in part, a motion for leave to appeal an interlocutory order of the U.S. Bankruptcy Court for the District of Delaware filed by the defendant, Barnes & Thornburg.
8 minute read

Delaware Business Court Insider

'The Time Has Come' for Musk Discovery Sanctions, Twitter's Lawyers Say

A more than three-hour hearing on the outstanding motions before Chancellor Kathaleen McCormick concluded with argument involving unshared messages sent to and from Musk on Signal.
3 minute read

Delaware Business Court Insider

Unintended Consequences of Russia-Ukraine Sanctions: Blocked Del. Entities With Russian Co-Founders

The practical effect is that many businesses that should not be subject to the sanctions programs are prevented from operating until they either complete a lengthy appeals process or government agencies clarify their interpretation of the applicable sanctions.
7 minute read

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