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Delaware Business Court Insider

Court of Chancery Issues Guidance on Letters of Request Under the Hague Convention

On Nov. 18, 2022, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery issued an opinion that provides a helpful roadmap for future litigants seeking discovery from foreign nonparties. In In re Cote d'Azur Estate, the court granted a plaintiff's request for the issuance of a letter of request to "obtain the assistance of the central authority in Switzerland to facilitate discovery."
8 minute read

Delaware Business Court Insider

Del. Bankruptcy Court Discusses Whether It Can Amend Bankruptcy Petition to 'De-Designate' a Subchapter V Case

Following this decision, the ability of a party-in-interest to obtain an order from the bankruptcy court de-designating a subchapter V case is uncertain.
8 minute read

Delaware Business Court Insider

In New AmerisourceBergen Decision, Chancery Applies 'Separate Accrual' Laches Analysis for 'Caremark' Red-Flags Claims

The Delaware Court of Chancery largely rejected arguments that laches barred fiduciary duty claims against AmerisourceBergen's directors and officers for acting in bad faith by disregarding red flags in safety reporting and monitoring systems and knowingly operating the business in a manner to violate positive law.
6 minute read

Daily Business Review

Defeating Runaway Verdicts: Humanizing the Corporate Defendant

In the previous articles, I discussed taking accountability, giving the jury a specific and reasonable number for damages, and arguing pain and suffering. This article will focus on the necessity of humanizing the corporate defendant.
7 minute read

Delaware Business Court Insider

Creditors as 'Real Party in Interest' to Prosecute Section 225 Litigation

In the latest installment of a long-running dispute, Vice Chancellor J. Travis Laster recently issued a memorandum opinion denying a motion to dismiss and granting a partial motion for summary judgment in expedited proceedings pursuant to Section 225 of the Delaware General Corporation Law in Hawk Investment Holdings v. Stream TV Networks.
6 minute read

Daily Business Review

Primary Direct Listings: NASDAQ's Redirected Efforts to Opening Public Markets

In an ongoing effort to improve access to capital markets, NASDAQ recently filed the second amendment to its proposed primary direct listing rule. If approved, the new rule could create a more viable route to the public markets for companies, especially as the SEC proposes heavier regulation of SPACs and the costs associated with traditional IPOs remain significant.
5 minute read

Corporate Counsel

The Landscape Shifts: Duties of and Risks to Directors and Officers of Insolvent Enterprises

Directors and Officers of distressed companies have a unique opportunity to help an enterprise navigate challenges and to facilitate the best available outcome for stakeholders.
13 minute read

Delaware Business Court Insider

Chancery Court Addresses the Requirements for Issuing Letters of Request Under the Hague Convention

In In re Cote D'Azur Estate, Vice Chancellor J. Travis Laster considered a motion for the issuance of a letter of request under the Hague Convention. In granting the motion, the vice chancellor addressed the requirements for issuing letters of request.
8 minute read

The American Lawyer

GCs and Corporate Lawyers See Headwinds, Adjustments Ahead for M&A in 2023

Macroeconomic factors and uncertainty have driven down deal flow and size, but while there may be some challenging times ahead, no one is ready to say the sky is falling—yet.
6 minute read

Daily Business Review

From Corporate Law to Construction Site: Developer of Eighteen Sunset Bradley Colmer Talks Career Transition

"For me, I was always a little bit enamored with the idea of practicing law but not necessarily the reality of it, and so after a couple of years of grinding away, I realized I wanted to try to do something for myself that was a little more fulfilling," said Bradley Colmer of Deco Capital in Miami.
5 minute read

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