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Delaware Business Court Insider

Court of Chancery States That Delaware Is a 'Pro-Sandbagging' Jurisdiction

In "pro-sandbagging" states, a buyer's pre-closing knowledge of a breach does not prevent her from bringing a successful claim for breach of warranty. In "anti-sandbagging" states, a buyer who knew (or should have known) that the warranty was untrue is barred from recovering on a claim for breach.
7 minute read

Delaware Business Court Insider

Chancery Court Rejects Dissolutions Claims

In BET FRX v. Rebecca Myers, C.A. No. 2019-0894-KSJM (Apr. 27, 2022), the Delaware Court of Chancery granted in part and denied in part in a motion to dismiss minority stockholder claims for breach of the LLC agreement, breach of the implied covenant of good faith and fair dealing, breach of fiduciary duties, directly and derivatively, and judicial dissolution pursuant to 6 Del. C. Section 18-802.
4 minute read

Corporate Counsel

Minute Taking and Mischief Making: A Cautionary Tale for CLOs

Some chief legal officers may now balk at participating in the minute-taking process for future board and committee meetings—at least those involving major transactions and other "bet the company" decisions.
6 minute read

Daily Business Review

MoFo Corporate Partner Jumps to Holland & Knight, Predicts Tough LatAm Deal Market

Alexandra Aguirre joined Holland & Knight in Miami after three years at Morrison & Foerster, where she opened the firm's Miami office with a group of Greenberg Traurig corporate lawyers.
3 minute read

Delaware Business Court Insider

The Failure of the 'Failing Business' Exception Under Delaware Law

In Stream TV Networks v. SeeCubic, the Delaware Supreme Court vacated a permanent injunction imposed by the Delaware Court of Chancery that prohibited Stream TV Networks, Inc. and the Rajan brothers, who collectively held a majority of the company's stock, from blocking a negotiated transfer of all of Stream's assets to satisfy its secured creditors.
5 minute read

Daily Business Review

Winston & Strawn Nabs Miami Partners From McDermott and Jones Day

McDermott bankruptcy partner Craig Rasile and Jones Day M&A partner Nicholas Rodriguez continue Winston & Strawn's Miami expansion, which started in May when the firm launched an office with six local partner hires.
2 minute read

Delaware Business Court Insider

'In re Kidbox.com': The 1-2-3's of Obtaining Stay Relief in ABCs

Strangers to the insolvency profession might be surprised to learn that it is often expensive to go bankrupt. Indeed, the high cost associated with obtaining relief under Chapter 11 of the federal Bankruptcy Code is a routine criticism of the federal bankruptcy scheme and an issue many commentators argue is ripe for reform.
6 minute read

The American Lawyer

With Moves on Both Coasts, White & Case Adds Partners From Kirkland, Loeb & Loeb

Kirkland & Ellis debt finance partner Brett Pallin joined White & Case in New York while the firm's Los Angeles office gained Loeb & Loeb senior counsel Linda Sim.
3 minute read

The American Lawyer

Holland & Knight Adds 5 Private Equity Partners in Charlotte From Moore & Van Allen

The group arrives with a national clientele of private equity sponsors that will continue putting capital to work in any market, said one lateral partner.
3 minute read

Corporate Counsel

ESG Shareholder Proposals Spike in 2022 but Garner 'Muted' Support, Report Says

So far this year, six of 30 environmental proposals and 10 of 107 social proposals have passed, according to the latest ESG shareholder proposal study from Georgeson.
3 minute read

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