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New York Law Journal

Second Circuit Weighs In On Other Insurance and Additional Insured Dispute

In Amerisure v. Selective, the Second Circuit held that the subcontract terms governed the additional insured question while the other insurance clauses in the insurance policies governed the priority dispute.
8 minute read

Delaware Business Court Insider

Chancery Cautions Against Overzealous Redactions in Books and Records Productions

In Ontario Provincial Council of Carpenters' Pension Trust Fund v. Walton, Vice Chancellor Laster mostly denied motions to dismiss claims against officers and directors of Walmart for allegedly causing Walmart to fail to comply with the Controlled Substances Act and a settlement between it and the DEA related to Walmart's handling of opioid prescriptions.
7 minute read

Daily Report Online

Local Intel and Avoiding Past Mistakes Key in 'Rare' Columbus Defense Win

"This case had a $20 million nonnegotiable demand, and when Charlie Gower says it's nonnegotiable, it's nonnegotiable," defense attorney Morris Mullin said.
5 minute read

Delaware Business Court Insider

Chancery Holds Covenants Not to Sue for Breach of Fiduciary Duty Are Enforceable Only in Part

The court reasoned that Delaware law permits such covenants, subject to two ifs and one but—and declined to dismiss, reasoning that the covenant at issue was valid but that plaintiffs had adequately pleaded intentional fiduciary misconduct.
8 minute read

The American Lawyer

Bryan Cave Leighton Paisner Poaches Dentons Global IP Founder in 15-Person Raid

BCLP landed Dentons' former U.S. chair Jeffrey Haidet, as well as former global IP and technology chair Song Jung.
3 minute read

Delaware Business Court Insider

Supreme Court Affirms Decision That the SolarCity Acquisition was Entirely Fair

Writing for the court en banc, Justice Karen L. Valihura explained why the stockholder-plaintiffs' arguments did not undermine the Court of Chancery's conclusions as to either "fair dealing" or "fair price."
5 minute read

Delaware Business Court Insider

Guidance on Drafting Proxies Under Delaware Law

A recent opinion from the U.S. Bankruptcy Court for the District of Delaware, In re CII Parent, provides helpful guidance on drafting proxies and highlights potential pitfalls for the unwary, including in relation to the proxyholder's power to execute and deliver stockholder consents.
7 minute read

Delaware Business Court Insider

Delaware Supreme Court Addresses Forum Selection Disputes

Against a lengthy procedural backdrop, the Supreme Court held that unused leave to transfer a case does not divest the original court of jurisdiction, reaffirmed the trial courts' broad discretion in deciding motions to dismiss pursuant to Rule 41(a)(2), and confirmed that forum non conveniens does not apply when parties have contracted for a specific forum to resolve their disputes.
12 minute read

The Legal Intelligencer

Why Corporations Should Be Saying: Show Me the Funding!

Today, there is a not-often-enough adopted opportunity to increase the profitability of legal departments—third-party funding or litigation funding. It is not necessarily new, with roots going back decades, but its place in commercial litigation is now emerging.
5 minute read

New York Law Journal

Treasury Management for Fiduciaries in the Wake of Recent Bank Failures

In the wake of recent bank failures, it is more important than ever to carefully consider the cash-management options available for the needs of each particular case and the risk tradeoffs to analyze when operating within the structures of the U.S. banking system.
8 minute read

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