NEXT
Sign in to follow

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

Daily Business Review

Lyft Seeks to Compel Arbitration in Lawsuit, but Plaintiff Claims Terms Do Not Match What Happened

"Our client had to commit to more things than what he agreed to arbitrate. I say with reference to what Disney tried to do in Orlando trying to apply not the same service as what those people got at Disney when they went to a restaurant," said Aaron Davis, who represents the plaintiff.
4 minute read

Daily Business Review

Corporate and Legal Decision-Making Post-'Chevron'

Loper left open questions that affect how companies should consider their positions vis-à-vis a perceived weakened federal regulator.
7 minute read

The Legal Intelligencer

Alternatives to Restrictive Covenants in M&A Transactions

While restrictive covenants in the M&A context are not the primary focus of this ban, given the uncertainty in the current legal landscape and the potential hurdles to enforcement, buyers would be well-advised to find other ways to incentivize sellers not to compete with a target company after an M&A closing.
6 minute read

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

TRENDING STORIES

Law Pro Logo

Featured Firms

Law Offices of Gary Martin Hays & Associates, P.C.

(470) 294-1674

Law Offices of Mark E. Salomone

(857) 444-6468

Smith & Hassler

(713) 739-1250

More from ALM

More from ALM

Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

Resources

  • Why Embracing Change Is Essential for Your Legal Department

    Brought to you by DiliTrust

    Download Now

  • International Export and Trade Assistance State Law Survey

    Brought to you by LexisNexis®

    Download Now

  • How This Personal Injury Firm Reduced Client Intake Time by 80%

    Brought to you by PracticePanther

    Download Now

  • The Hidden Cost of Bad Reviews: Why Law Firms & Attorneys Can't Afford a Damaged Online Reputation

    Brought to you by Erase.com

    Download Now