Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | June 5, 2019
In Jalbert v. Flanagan (In re F-Squared Investment Management), the trustee of a liquidating trust sought to avoid bonus payments by the debtors as fraudulent conveyances.
Delaware Business Court Insider | Commentary
By Ellis E. Herington and Douglass Herrmann | May 29, 2019
Delaware courts will enforce the terms of well-drafted, unambiguous contracts. Clearly communicating and memorializing parties' expectations in the terms of their contract puts parties in the best position possible to have their expectations enforced and receive the benefit of their bargain.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | May 22, 2019
Delaware corporate law allows for a corporation to agree in its organizational documents or contracts to advance legal fees and expenses in defense of actions, arising from a person's service to the company.
The Legal Intelligencer | Commentary
By Edward T. Kang | May 16, 2019
What happens when a dispute is between or among directors of the same company? Can the company use the attorney-client privilege to shield corporate materials, including any attorney-client privileged materials against a director?
Delaware Business Court Insider | Commentary
By Jennifer H. Rearden, Jefferson E. Bell and Mark H. Mixon Jr. | May 15, 2019
In 'Verition Partners Master Fund v. Aruba Networks,' the Delaware Supreme Court considered whether the Delaware Court of Chancery abused its discretion in concluding that, as of the “effective date” of the merger between Aruba Networks Inc. and Hewlett-Packard Co., the “fair value” of Aruba was its unaffected market price.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Kenneth A. Listwak | May 9, 2019
Even under the most sympathetic of circumstances, courts are charged with respecting the integrity of deadlines and employing a cool, impartial approach to everyone, including the most desperate of late claimants.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | May 8, 2019
Until recently, there were no cases definitively addressing the scope of Section 18-111's fifth jurisdictional category.
Delaware Business Court Insider | Commentary
By Albert J. Carroll | May 8, 2019
When challenged, transactions involving a corporation and its conflicted controlling stockholder invoke Delaware's rigorous form of judicial scrutiny, known as entire fairness review.
Delaware Business Court Insider | Commentary
By Richard L. Renck | May 1, 2019
Most readers of this publication will likely be familiar with the MFW conditions announced by the Delaware Supreme Court in 2014, and which, when present, alter the standard of review of transactions between a Delaware corporation and a controller from the traditional—and onerous—entire fairness standard of review to the application of the business judgment rule.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Jessica L. Reno | April 24, 2019
The Delaware Court of Chancery recently analyzed an indemnification clause and performed other contract interpretation in NASDI Holdings v. North American Leasing.
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