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Ellen Bardash is ALM's reporter covering Delaware litigation for Delaware Law Weekly and Delaware Business Court Insider. She can be contacted at [email protected], on Twitter @Dellenware or on Threads @ellenbardash.
January 11, 2024 | Delaware Business Court Insider
"Because settlements of derivative actions are not indemnifiable by the nominal company defendant in Delaware, this would defeat a key function of D&O insurance."
By Ellen Bardash
3 minute read
January 10, 2024 | Delaware Business Court Insider
It's the first time Delaware Superior Court Judge Mary M. Johnston has weighed in on the case, which was reassigned to her last year following Abigail LeGrow's appointment to the Delaware Supreme Court.
By Ellen Bardash
4 minute read
January 4, 2024 | Delaware Business Court Insider
Famed attorney Alan Dershowitz, holding what he said was a file folder containing checks, said as a gesture of good faith and an effort to resolve the longest-running Chancery case after nearly 10 years.
By Ellen Bardash
3 minute read
December 19, 2023 | Delaware Business Court Insider
It's the first time the state's high court has officially addressed whether or not a Delaware judge can take adjudicative notice of factual findings from another court,.
By Ellen Bardash
4 minute read
December 18, 2023 | Delaware Business Court Insider
The Court of Chancery and Delaware Supreme Court hammered home several key points multiple times throughout 2023, signaling to litigators that they may want to keep them in mind as they head into the new year.
By Ellen Bardash
7 minute read
December 13, 2023 | Delaware Business Court Insider
It's time to draw some lines on where so-called "MFW creep" ends, Delaware Supreme Court justices said during argument in the Match Group shareholder appeal.
By Ellen Bardash
4 minute read
December 11, 2023 | Delaware Business Court Insider
Over time, the Delaware courts have started to apply the MFW test to other types of transactions, an expansion attorneys call "MFW creep."
By Ellen Bardash
4 minute read
December 7, 2023 | Delaware Business Court Insider
More than a year after trial, there's still no Court of Chancery ruling on whether Tesla's compensation plan for Musk, valued at $56 billion, was fair to shareholders and properly vetted by Tesla's directors.
By Ellen Bardash
4 minute read
December 6, 2023 | Delaware Business Court Insider
BitGo is seeking $100 million for a busted $1.2 billion merger. The termination fee in that complaint is thought to be the largest ever requested by a cryptocurrency company.
By Ellen Bardash
4 minute read
November 29, 2023 | Delaware Business Court Insider
"The consequences of the appellant's overreaching position are potentially severe given, as this court well knows, Delaware has more incorporations than any other U.S. state," Robinson+Cole's Jonathan Small said.
By Ellen Bardash
4 minute read
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