Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Sean M. Brennecke | January 11, 2023
This list does not attempt to include all important decisions of those two courts that were rendered in 2022. Instead, this list highlights notable decisions that should be of widespread interest to those who work in the corporate and commercial litigation field or who follow the latest developments in this area of Delaware law.
Delaware Business Court Insider | Commentary
By Cliff C. Gardner and Andrew Kinsey | January 4, 2023
On Nov. 18, 2022, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery issued an opinion that provides a helpful roadmap for future litigants seeking discovery from foreign nonparties. In In re Cote d'Azur Estate, the court granted a plaintiff's request for the issuance of a letter of request to "obtain the assistance of the central authority in Switzerland to facilitate discovery."
Delaware Business Court Insider | Commentary
By Mark E. Felger and Simon E. Fraser | January 4, 2023
Following this decision, the ability of a party-in-interest to obtain an order from the bankruptcy court de-designating a subchapter V case is uncertain.
The Legal Intelligencer | Commentary
By Edward S. Robson | December 30, 2022
The rule, besides explaining what a derivative complaint must include, prevents a plaintiff from bringing a derivative lawsuit if the plaintiff "does not fairly and adequately represent the interests of shareholders or members who are similarly situated in enforcing the right of the corporation or association."
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | December 28, 2022
The Delaware Court of Chancery largely rejected arguments that laches barred fiduciary duty claims against AmerisourceBergen's directors and officers for acting in bad faith by disregarding red flags in safety reporting and monitoring systems and knowingly operating the business in a manner to violate positive law.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Marcy J. McLaughlin Smith | December 15, 2022
Many practitioners have been speculating as to how courts will address the potential remedy for the unconstitutional U.S. trustee fees imposed against Chapter 11 debtors pending in U.S. trustee districts under the 2017 amendment to 28 U.S.C. Section 1930 (the 2017 amendment).
Delaware Business Court Insider | Commentary
By Richard L. Renck | December 14, 2022
In the latest installment of a long-running dispute, Vice Chancellor J. Travis Laster recently issued a memorandum opinion denying a motion to dismiss and granting a partial motion for summary judgment in expedited proceedings pursuant to Section 225 of the Delaware General Corporation Law in Hawk Investment Holdings v. Stream TV Networks.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | December 7, 2022
In In re Cote D'Azur Estate, Vice Chancellor J. Travis Laster considered a motion for the issuance of a letter of request under the Hague Convention. In granting the motion, the vice chancellor addressed the requirements for issuing letters of request.
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller and Brian T.M. Mammarella | November 16, 2022
This article offers a high-level snapshot of the current state of Caremark jurisprudence by highlighting three key takeaways from the 21 published trial court opinions addressing motions to dismiss Caremark claims issued post-Marchand.
New York Law Journal | Commentary
By Ryen Lim | November 14, 2022
States are divided as to whether these stocks, vested or unvested, constitute wages. While federal law prohibits employers from improperly withholding employee wages, it does not protect equity compensation.
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