The Legal Intelligencer | Commentary
By Edward T. Kang | January 23, 2020
This recent decision has implications for how practitioners understand the court system and arbitration system to usually work, as well as raising already-existent questions about the fairness of arbitration clauses and its applicability for various types of claims.
Delaware Business Court Insider | Commentary
By P. Clarkson Collins Jr. | January 22, 2020
At the pleading stage the Delaware Court of Chancery found the allegations of a control group sufficient to preclude a Corwin defense, even though there was no formal agreement between the stockholders or a full alignment of interests.
Delaware Business Court Insider | Commentary
By Edward B. Micheletti, Bonnie W. David and Alexis A. Wiseley | January 22, 2020
Over the last several years, Delaware corporate law practitioners have traced numerous legal developments that dramatically reduced the injunction practice that dominated M&A litigation in Delaware for nearly three decades, changing the development of Delaware disclosure law jurisprudence.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | January 15, 2020
In a recent case, Vice Chancellor Sam Glasscock considered whether to grant a corporation's motion to modify an earlier advancement order where the corporation subsequently amended its claims against a former officer and director in order to eliminate the grounds for advancement.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Chauna A. Abner | January 15, 2020
This is the 15th year that Francis Pileggi and various co-authors have created an annual list of important corporate and commercial decisions of the Delaware Supreme Court and the Delaware Court of Chancery.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Chauna A. Abner | January 8, 2020
A recent Delaware Court of Chancery decision provides a cautionary tale about why the existence of signatures on an agreement will not always be sufficient evidence to establish that the parties intended to enter into a binding contract.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | January 6, 2020
The provisions of the Bankruptcy Code sometimes conflict with other federal laws and regulations. A debtor that operates in a highly regulated industry often faces additional hurdles in administering its bankruptcy case that would be routine in other Chapter 11 proceedings.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | December 18, 2019
Although the Delaware Court of Chancery may order the production of certain electronically stored information, the scope of a books-and-records request is more limited than discovery that may be obtained in a plenary action.
Delaware Business Court Insider | Commentary
By Lawrence J. Kotler | December 18, 2019
In the case of Liquidation Trust of Solutions Liquidation v. David Stienes (In re Solutions Liquidation), the U.S. Bankruptcy Court for the District of Delaware examined the interplay between the scope and extent of a company's exculpation clause versus the scope and extent of Delaware law regarding breach of fiduciary duty claims.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | December 13, 2019
To avoid demand futility and standing requirements for a derivative claim, the plaintiff stockholders in Sheldon v. Pinto Technology Ventures attempted to plead a direct claim for dilution of their voting and economic interests by alleging that several venture capital firms constituted a "control group" of stockholders under Gentile.
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