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By Chris O'Malley | May 3, 2023
"Give me a break. If Coke can't be held to an advance waiver, why would anyone honor an advance waiver?" said Michael McCabe Jr., managing partner of McCabe & Ali.
6 minute read
By Chris O'Malley | Greg Andrews | May 3, 2023
"Give me a break. If Coke can't be held to an advance waiver, why would anyone honor an advance waiver?" said Michael McCabe Jr., managing partner of McCabe & Ali.
6 minute read
Delaware Business Court Insider
By Mark E. Felger and Simon E. Fraser | May 3, 2023
The Delaware bankruptcy court ruled that a plaintiff need not explicitly plead its "due diligence" in investigating its preference cause of action. Rather, a general allegation under Federal Rule of Civil Procedure 9(c) that "all conditions precedent have occurred" suffices.
6 minute read
By Hugo Guzman | April 28, 2023
"Coke cannot reasonably claim that the fully informed consent it gave through one of its own in-house lawyers is invalid," Davis Polk & Wardwell attorneys representing Paul Hastings said in a court filing.
3 minute read
By Hugo Guzman | Greg Andrews | April 28, 2023
"Coke cannot reasonably claim that the fully informed consent it gave through one of its own in-house lawyers is invalid," Davis Polk & Wardwell attorneys representing Paul Hastings said in a court filing.
3 minute read
By Cedra Mayfield | April 25, 2023
The lawyer's counsel said his career had been "built on speaking truth to power" but that "some people despise him for that."
6 minute read
Delaware Business Court Insider
By Sean M. Brennecke | April 19, 2023
In In re Dissolution of T&S Hardwoods KD, Vice Chancellor Morgan T. Zurn provided helpful guidance on what must be alleged to satisfy that test for purposes of overcoming a motion to dismiss.
7 minute read
Delaware Business Court Insider
By Elizabeth A. Sloan | April 19, 2023
In the 120-page opinion for In re Mindbody, Chancellor Kathaleen McCormick throws shade on Corwin, finding Mindbody's sales process run by Richard Stollmeyer—founder and then-CEO—was not cleansed by Corwin and holding him and Mindbody's private equity acquirer, Vista Equity Partners, liable.
8 minute read
By Christopher D. Carusone | April 18, 2023
The obvious starting point for representing many licensed professionals is the enabling legislation. These acts—such as the Medical Practice Act and Architects Licensure Law, for example—typically set forth the powers and duties of the governing board, the requirements for licensure, the prohibition against unlicensed activity, procedures for the handling of impaired professionals, and the grounds for the refusal, revocation or suspension of a license.
5 minute read
Delaware Business Court Insider
By Lawrence J. Kotler | April 12, 2023
In a recent decision in the case of SC SJ Holdings v. Pillsbury Winthrop Shaw Pittman (In re SC SJ Holdings), Civil Action No., 22-00689 (MN), the U.S. District Court for the District of Delaware (the court) affirmed a May 12, 2012, decision of the U.S. Bankruptcy Court for the District of Delaware (the Bankruptcy Court) denying the debtors' motion for relief from certain releases contained in their confirmed plan (the plan).
6 minute read
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