Delaware Business Court Insider | Commentary
By Jarret P. Hitchings | June 15, 2022
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.
Delaware Business Court Insider | Commentary
By Donna M. Glover | June 8, 2022
Employers with at least 25 employees are subject to these parental, family caregiving and medical leave provisions.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | June 1, 2022
Where two halves of a deadlocked board are competing in a proxy contest, can one half assert the corporation's privilege against the other?
Delaware Business Court Insider | Commentary
By Molly DiBianca | May 25, 2022
A recent decision by the Delaware Court of Chancery highlights some of the perils employers face when attempting to enforce post-employment covenants, such as confidentiality and nonsolicit provisions.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi | May 11, 2022
A recent Delaware Supreme Court decision provides a lesson for drafters of agreements for the sale of a business by providing an example of the problems caused by a lack of clarity in describing a deadline to send notices of claims for indemnification post-closing.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | May 4, 2022
The U.S. Supreme Court, in a per curiam opinion in 2020, said that the federal courts may issue nunc pro tunc orders, or "now for then" orders, to reflect the reality of what had already occurred.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus and R. Eric Hacker | April 27, 2022
Under Section 212(e), a proxy may be made irrevocable "if it states that it is irrevocable and if, and only as long as, it is coupled with an interest sufficient in law to support an irrevocable power." But, once established, does an irrevocable proxy bind only the individual stockholder who granted the proxy, or does it also bind subsequent holders of the stock, too?
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi | April 20, 2022
A recent noteworthy Delaware Court of Chancery decision should be kept handy by corporate and commercial litigators for its practical and persuasive analysis of noncompliant handling of confidential documents: AlixPartners v. Mori, C.A. No. 2019-0392-KSJM (Del. Ch. April 14, 2022).
Delaware Business Court Insider | Commentary
By Mackenzie M. Wrobel | April 6, 2022
Vice Chancellor Lori Will in In re Aerojet Stockholder Litigation, No. 2022-0127-LWW, confirms that the middle, in a field of neutrality, is exactly where a company and its resources must remain in the midst of contested director elections involving a mixed bag of incumbent directors and insurgents.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | March 30, 2022
May a third party bring a direct action against an insurer for coverage on a theory of subrogation when equitable subrogation does not apply and the right cannot be traced to a statute or contract?
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