Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
Delaware Business Court Insider | Commentary
By Michael Gonen | July 10, 2024
While the Delaware General Corporate Law (DGCL) is a broadly enabling statute, a number of recent decisions have found limits to parties' ability to renegotiate internal corporate governance by "private ordering" outside of the corporate charter and bylaws.
Delaware Business Court Insider | Commentary
By Kaan Ekiner and Mark E. Felger | July 3, 2024
In August 2022, Giant/Alpha allegedly used its controlling position in Playtika to cause the Playtika board to engage in a self-tender. In a previous ruling, Vice Chancellor Sam Glasscock found that the transaction conferred Giant/Alpha a nonratable benefit and denied Giant/Alpha's motion to dismiss claims against it arising from the transaction.
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller and Brian T.M. Mammarella | July 3, 2024
Practitioners generally lauded MFW as a welcome development that rebalanced the litigation risk landscape in a manner that enabled controlled companies to pursue a greater range of value-maximizing transactions. And in the decade that followed, many companies have taken advantage of the MFW framework to do just that.
Daily Business Review | Commentary
By Angelo Castaldi | June 28, 2024
The U.S. Supreme Court has issued its most anticipated bankruptcy decision in recent memory. As the case's name—Hamilton v. Purdue Pharma—suggests, it stems from the company (Purdue Pharma) and the family (the Sacklers) at the center of the opioid pandemic that has claimed the lives of approximately 247,000 Americans from 1999 to 2019 alone.
By Nathan Cox and R. Heath Cheek | June 25, 2024
"The expected benefit and overarching goal of the Business Courts is to provide a more efficient and predictable forum for larger, more complex civil litigation facing Texas businesses," write Nathan Cox and R. Heath Cheek.
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Geoffrey A. Heaton | June 24, 2024
In a recent published decision, the U.S. Court of Appeals for the Ninth Circuit addressed a previously unresolved question in that circuit: whether a debtor's failure to properly schedule a debt in an "asset case" renders the debt nondischargeable.
Delaware Business Court Insider | Commentary
By Howard W. Robertson IV | June 19, 2024
The Delaware Court of Chancery recently had the opportunity to weigh in on a plaintiff's unique theory of director and officer fiduciary duties arising out of the stakeholder capitalism model of corporate governance.
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | June 19, 2024
In the recent decision of In re Hennessy Capital Acquisition IV Shareholder Litigation, the Delaware Court of Chancery observed that the ensuing "abundance of SPAC fiduciary duty claims suggests that stockholder plaintiffs have taken notice," and that SPAC litigation had become "ubiquitous" in the court.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | June 3, 2024
In 530 Donelson, the U.S. Bankruptcy Court for the Middle District of Tennessee recently considered whether orders entered by a Tennessee state court appointing and empowering a receiver deprived the limited liability company's owners of authority to file a bankruptcy case for the company.
Delaware Business Court Insider | Commentary
By Molly DiBianca | May 29, 2024
If the final rule is upheld, Delaware's approach to employment-related restrictive covenants will change significantly.
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