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Publication Date: 2023-01-17
Practice Area: Contracts
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Zurn
Attorneys: For plaintiff: Blake A. Bennett, Cooch & Taylor P.A., Wilmington, DE; Joseph Delich, Alex Potter, Kevin Goode, Freedman Nordmand Friedland LLP, New York, NY; Kyle Roche, Kyle Roche, P.A., New York, NY for plaintiffs.
for defendant: C. Barr Flinn, Paul J. Loughman, Alberto E. Chávez, Skyler A. Speed, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; David A. Paul, Cantor Fitzgerald, New York, NY for defendant.
Case Number: 9436-VCZ
The court granted in part and denied in part parties' cross-motions for summary judgment regarding the appropriateness of penalties arising out of a partnership's restrictive covenants.
Publication Date: 2023-01-17
Practice Area: Business Torts
Industry: Financial Services and Banking | Legal Services
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Daniel C. Mulveny, Oliver Cleary, Deputy Attorneys General, State of Delaware Dep’t of Justice, Wilmington, DE; Bruce E. Jameson, Samuel L. Closic, Mary S. Thomas, Prickett, Jones & Elliott, P.A., Wilmington, DE; David Brackett, Benjamin E. Fox, John E. Floyd, Bondurant, Mixson & Elmore, LLP, Atlanta, GA for plaintiffs.
for defendant: Catherine A. Gaul, Randall J. Teti, Ashby & Geddes, Wilmington, DE; Joshua A. Goldberg, Jane Metcalf, Clinton W. Morrison, Christina Sedca-Acosta, Patterson Belknap Webb & Tyler LLP; Jody C. Barillare, Morgan, Lewis & Bockius LLP, Wilmington, DE; Eric W. Sitarchuk, Ezra D. Church, Ryan P. McCarthy, Morgan, Lewis & Bockius LLP, Philadelphia, PA for defendants.
Case Number: N18C-29-240 PRW CCLD
Qui tam relator's counsel's failure to set up ethical screens or disclose his knowledge of defendant's attorney-client materials requires disqualification and shifting of costs onto counsel.
Publication Date: 2023-01-10
Practice Area: Bankruptcy
Industry: Financial Services and Banking | Legal Services | Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Ambro
Attorneys: For plaintiff:
for defendant:
Case Number: 21-3013
The court affirmed the District Court's ruling affirming the Bankruptcy Court's decision to disqualify counsel and order fees disgorged.
Publication Date: 2022-12-27
Practice Area: Trusts and Estates
Industry: Financial Services and Banking
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Paul D. Brown, Elliott Covert, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; David Z. Ribakoff, Ribakoff Law Firm, Los Angeles, CA for plaintiff.
for defendant: Benjamin P. Chapple, Reed Smith LLP, Wilmington, DE; John M. McIntyre, Porter Wright Morris & Arthur LLP, Pittsburgh,PA for defendant.
Case Number: 2021-1034-MTZ
The court denied defendant trustee's motion to dismiss breach of fiduciary duty and trust claims.
Publication Date: 2022-11-08
Practice Area: Bankruptcy
Industry: Financial Services and Banking | Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Sean A. Meluney, Matthew D. Beebe, Benesch, Friedlander, Coplan & Aronoff LLP, Wilmington, DE for appellant.
for defendant: Peter K. Schaeffer, Jr., Avenue Law, Dover, DE for appellee.
Case Number: 21-10418-BLS
Creditor's complaint seeking to declare personal guaranty nondischargeable in bankruptcy dismissed where creditor failed to allege facts to support that borrower or guarantor intentionally made misrepresentations concerning the state of borrower's business or guarantor's individual financial situation.
Law Journal Press | Digital Book
Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown
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Publication Date: 2022-10-25
Practice Area: Corporate Entities
Industry: Financial Services and Banking
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: William R. Firth, III, Cohen Seglias Pallas Greenhall & Furman, P.C., Wilmington, DE; Michael J. Maloney, Felicello Law, P.C. New York, NY.
for defendant: C. Barr Flinn, Paul J. Loughman, Alberto E. Chavez, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Nirav S. Shah, Cantor Fitzgerald, L.P., New York, NY for defendant.
Case Number: N21C-12-069 MAA
The court dismissed plaintiffs' partnership interest redemption claims when filed outside the limitations period as plaintiffs' claims accrued following defendants' denial of plaintiffs' exercise of their redemption rights.
Publication Date: 2022-10-03
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Phipps
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1656
Where debt collection agency was not involved in the business of "bargaining" or generating loans, it did not fall within the interest collection regulations under Pennsylvania law and thus the state statute could not serve as the basis for a Fair Debt Collection Practices Act violation. Order of the district court affirmed.
Publication Date: 2022-09-13
Practice Area: Mergers and Acquisitions
Industry: Financial Services and Banking | Investments and Investment Advisory | Software
Court: Court of Chancery
Judge: Chancellor McCormick
Attorneys: For plaintiff: Peter J. Walsh, Jr., Nicholas D. Mozal, Potter Anderson & Corroon LLP, Wilmington, DE; Orion Armon, Cooley LLP, Denver, CO; Luke Cadigan, Cooley LLP, Boston, MA; Alexandra Leeper, Cooley LLP, Palo Alto, CA; Katelyn Kang, Cooley LLP, New York, NY; Bradley Levison, Carrie A. Herschman, Herschman Levison Hobfall PLLC, Chicago, IL for plaintiffs.
for defendant: A. Thompson Bayliss, Stephen C. Childs, Abrams & Bayliss LLP, Wilmington, DE; David B. Hennes, Adam M. Harris, Alexander B. Simkin, Ropes & Gray LLP, New York, NY; Sarah M. Samaha, Ropes & Gray LLP, Washington, DC for defendants.
Case Number: 2021-0447-KSJM
Fraud claim arising from acquisition was not dismissed where sellers plausibly alleged that buyers overinflated the amount of monetizable revenue in the buyers' pipeline, which induced sellers into the transaction on the understanding they could hit contractual milestones for earnout payments.
Publication Date: 2022-08-30
Practice Area: Corporate Governance
Industry: Financial Services and Banking
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys: For plaintiff: James D. Taylor, Jr., Aubrey J. Morin, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Gregory J. Scandaglia, William J. Ryan, Joseph R. Swee, Scandaglia Ryan LLP, Chicago, IL for plaintiff.
for defendant: Douglas D. Herrmann, Emily L. Wheatley, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; Mark H. Horwitch, Daniel L. Stanner, Tabet Divito & Rothstein LLC, Chicago, IL for defendant.
Case Number: D69934
LLC manager could execute written consent directing the removal and replacement of manager of another LLC, where the first LLC's sole asset was ownership of the other LLC and thus the first LLC manager validly acted unilaterally in the management of daily operations.
Publication Date: 2022-08-30
Practice Area: Civil Appeals
Industry: Financial Services and Banking | Entertainment and Leisure | Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff:
for defendant:
Case Number: D69941
Court dismissed appellant's claim under the Helms-Burton Act arguing that he was the beneficiary of property seized during the Castro Regime.
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