The Legal Intelligencer | Commentary
By Ashleigh Taylor | February 14, 2024
The most salient element of the CTA for legal practitioners is the definition of the "company applicant" and the required disclosure that this individual is mandated to provide. Understanding and interpreting this definition thrusts law firms into a complex decision-making process, raising fundamental questions about their internal processes, the kind of personal information they are prepared to submit, and, most importantly, how they interact with their clients.
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller | February 14, 2024
In Grabski v. Andreessen, the Delaware Court of Chancery declined to dismiss fiduciary claims against officers and directors of Coinbase Global, Inc. who sold shares in a going-public transaction.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Brenden S. Dahrouge | February 9, 2024
The now infamous Chapter 11 bankruptcy case of FTX Trading Ltd. (FTX), once a multibillion-dollar cryptocurrency company, has reemerged in a dispute over this very important issue. On appeal, the U.S. Court of Appeals for the Third Circuit recently held that the plain text of Section 1104(c)(2) mandates the appointment of an examiner under the specified conditions set forth.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | February 7, 2024
In the court's recent decision, Icahn Partners v. Francis deSouza, the plaintiff Icahn stockholders sought to use privileged and confidential information shared with them by their designated director in a complaint, asserting direct and derivative fiduciary claims against other directors.
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Ryan Spengler | February 2, 2024
In In re Kojima, the U.S. District Court for the Central District of California (the court) affirmed a bankruptcy court's order approving a Chapter 7 trustee's proposed settlement of cannabis-related state court claims held by creditors of the estate.
The Legal Intelligencer | Commentary
By Katayun I. Jaffari and John Crozier | January 26, 2024
Implementation of practices has become especially crucial considering the newly required cybersecurity incident reporting and cybersecurity risk management and governance disclosure for public companies passed by the SEC last year.
Delaware Business Court Insider | Commentary
By Lucy E. Hill | January 24, 2024
Closely-held businesses may face issues of corporate deadlock where control of the business is evenly divided between two owners or two different factions…
By Louis Lehot, Lyman Thai, Patrick Daugherty & Stephen Moore, Foley & Lardner | January 8, 2024
The rollercoaster of events at OpenAI serve as a reminder of the power dynamics and challenges that even the most innovative and groundbreaking companies face.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi, Sean M. Brennecke and Aimee M. Czachorowski | January 3, 2024
This list highlights some of the notable decisions that should be of widespread interest to those involved in corporate and commercial litigation or those who follow the latest developments in this area of Delaware law.
Delaware Business Court Insider | Commentary
By Mark E. Felger and Kaan Ekiner | December 27, 2023
The Delaware Court of Chancery considered whether a stockholder of a publicly traded company was entitled to inspect the books and records of the public company's nonpublic subsidiary for the stated purpose of "more accurately" valuing the public corporation's publicly traded shares.
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