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Delaware Business Court Insider

Delaware Choice-of-Law Clauses for Covenants Not to Compete—Does Delaware Have an Interest?

The Delaware's Court of Chancery recently issued its memorandum opinion in Hightower Holding v. Gibson, addressing the applicability of a Delaware choice-of-law clause in certain agreements that contained restrictive covenants, including a covenant not to compete.
6 minute read

Delaware Business Court Insider

'In re Lordstown Motors': Providing Relief From 'Untold Chaos'

In Lordstown, the court makes clear that Section 205 of the Delaware General Corporation Law (the DGCL) is available as an equitable, efficient, and effective judicial path to validate certificates of incorporation and shares issued in reliance thereon that, following the Boxed opinion, were the subject of some uncertainty.
8 minute read

The American Lawyer

Amid Rising Costs and Rate Hikes, Baker & Hostetler Posted Revenue Gain But Lower Profits in 2022

The Cleveland-founded Am Law 100 firm surpassed $900 million in gross revenue last year but saw net income fall 5.8%.
5 minute read

New York Law Journal

'Definitely Affects the Calculus': White-Collar Experts Break Down US Attorneys' New Corporate Disclosure Policy

The criminal division policy was revised and the U.S. attorneys' policy was created in response to Deputy Attorney General Lisa Monaco's September memorandum instructing each DOJ component to develop and publish a voluntary self-disclosure policy.
5 minute read

Corporate Counsel

ACC Amicus Brief Asks 'Who's Next?' If SEC Gets Covington Client Info

"If the government's position were to prevail, a staggering number of federal agencies would have the unfettered ability to invade client confidences with an administrative subpoena," said Susanna McDonald, the Association of Corporate Counsel's chief legal officer.
4 minute read

The American Lawyer

Loyal Clients Helped Gibson Dunn Continue Record Revenue, Profit Streak in 2022

The law firm posted 10% gains in gross revenue and profits per equity partner as M&A and private equity complemented strong litigation demand.
5 minute read

Delaware Business Court Insider

Court of Chancery Rules That Corporate Officers Have a Duty of Oversight Within Their Corporate Area of Responsibility

While the Stone v. Ritter decision only recognized the oversight duties of directors, three years later, the Delaware Supreme Court ruled that "the fiduciary duties of officers are the same as those of directors." See Gantler v. Stephens, 965 A.2d 695, 709 (Del. 2009).
6 minute read

Delaware Business Court Insider

Chancery Court Sustains M&A Fraud Claims Based on Near-Term Financial Projections

In recent years, litigation over financial projections has increased in frequency. These claims, sometimes involving allegations of fraud, are typically decided by the Delaware Court of Chancery or the Delaware Superior Court's Complex Commercial Litigation Division.
7 minute read

Delaware Business Court Insider

Delaware Supreme Court Delivers Resounding Reversal of Chancery Court Ruling in 'Boardwalk Pipeline Partners'

'Twas the week before Christmas, and the Delaware Supreme Court delivered an early present to Loews Corp.: a resounding reversal of a 2021 Delaware Court of Chancery ruling excoriating the entire process through which Boardwalk Pipeline Partners' general partner took the company private and awarding the plaintiff investors with nearly $700 million in damages, plus interest.
10 minute read

New Jersey Law Journal

In-House Counsel Disciplined in NJ After Practicing Law While Ineligible in Pa.

"Respondent failed to notify anyone, including her employer Ricoh, of her administrative suspension," stated the decision. "Further, respondent failed to maintain records of the steps she took to comply with the Pennsylvania disciplinary rules governing suspended attorneys."
3 minute read

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