Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | December 11, 2019
A recent Delaware Court of Chancery letter opinion presents an interesting twist concerning the applicability of the attorney-client privilege to emails between a party and his attorneys where the emails were stored on a server controlled by the adverse party.
Delaware Business Court Insider | Commentary
By Sara Thompson | December 11, 2019
Marchand v. Barnhill seemingly breathed new life into the viability of Caremark claims in Delaware.
The Legal Intelligencer | Commentary
By Edward T. Kang | November 27, 2019
Although a European regulation, the GDPR has affected American companies and, as it appears, has also begun to shape American law and policy. GDPR's strict regulations and rules do not simply apply within the EU and the European economic area—it affects anyone who does business with a person living in those countries.
Delaware Business Court Insider | Commentary
By Ellis E. Herington | November 27, 2019
Shareholder inspection of books and records pursuant to Section 220 of the Delaware General Corporation Law is a routine procedure for Delaware practitioners, and represents an important tool for shareholders when it comes to their involvement in corporate governance.
The Legal Intelligencer | Commentary
By Gary M. Sanderson | November 21, 2019
Entities that are about to enter a partnership, merge or perform a transaction would be well-advised to get up to speed on how they handle commercial nondisclosure agreements (NDAs).
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | November 20, 2019
In denying the stockholder's inspection request, Vice Chancellor Joseph R. Slights III acknowledged that the law is "murky" in this area, but reasoned that the court need not answer the question in the abstract, because the circumstances of this case counseled in favor of denying the inspection.
Delaware Business Court Insider | Commentary
By Brian M. Lutz and Jason H. Hilborn | November 13, 2019
Whether a letter to a board is a "demand" matters under Delaware law because it dictates the standard that applies in stockholder-derivative litigation that may arise out of the issues raised in the letter.
The Legal Intelligencer | Commentary
By Edward T. Kang | November 7, 2019
The call for an internal investigation, not unique in the wake of the #MeToo movement, is not simply confined to the media and entertainment industries—although we may know more about them due to the high profile of many of those involved.
Delaware Business Court Insider | Commentary
By Albert J. Carroll and Matthew F. Lintner | November 6, 2019
Delaware law has long recognized that significant personal or professional ties to a party who would be a defendant in the prospective derivative claim, like a conflicted controlling stockholder, is grounds for finding a director lacks independence.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | November 6, 2019
In a somewhat unusual case, Vice Chancellor Morgan T. Zurn addressed the question whether in pari delicto is an equitable or a legal defense.
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