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 Kate A. Mahoney and Christopher B. Chuff | March 28, 2018
In a recent decision by the Delaware Supreme Court, Appel v. Berkman, the court held that a board's failure to include information about the chairman of the board's reasons for abstaining on the vote rendered the proxy statement materially misleading.
Delaware Business Court Insider | Commentary
By Edward M. McNally | March 21, 2018
A series of recent Delaware court decisions have caused some plaintiffs law firms to decide stockholder litigation should no longer be filed in the Delaware courts.
Delaware Business Court Insider | Commentary
By Robert B. Little and Eric B. Pacifici | March 14, 2018
The Delaware Court of Chancery recently issued an opinion that offers useful guidance for parties seeking to draft joint venture exit provisions.
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | March 14, 2018
In Arch Insurance v. Murdock, a D&O insurance coverage dispute, the Superior Court's complex commercial litigation division reasoned broadly to hold that, absent a contrary choice of law clause, Delaware law applies to Delaware corporations' D&O insurance policies, and that Delaware public policy does not prohibit insuring losses from insureds' breaching the fiduciary duty of loyalty through fraudulent conduct.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | March 7, 2018
The Delaware Court of Chancery is often called upon to assess whether a plaintiff challenging an interested transaction who fails to make demand on the board to pursue claims based on alleged self-dealing or director interest can overcome the procedural hurdle of a motion to dismiss under Rules 23.1 and 12(b)(6).
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | March 7, 2018
In In re Rent-A-Wreck of America, Bankruptcy Judge Laurie Silverstein dismissed voluntarily filed bankruptcy cases on the grounds they were not filed in good faith.
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller | February 28, 2018
In three recent memorandum opinions, the Delaware Court of Chancery revisited the distinction between void and voidable acts under Delaware common law.
Delaware Business Court Insider | Commentary
By James H. S. Levine and Douglas D. Herrmann | February 22, 2018
Over the past several years, the Delaware Court of Chancery has applied the stockholder ratification defense in challenges to director compensation awards made pursuant to stockholder approved equity incentive plans (EIPs).
Delaware Business Court Insider | Commentary
By Jefferson E. Bell and David A. Coon | February 21, 2018
In a Dec. 19, 2017, decision, In re Investors Bancorp Stockholder Litigation, the Delaware Supreme Court considered the limits of a stockholder ratification defense when directors make equity awards to themselves under an equity incentive plan or “EIP.”
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | February 21, 2018
The Delaware Limited Liability Company Act's policy is to give the maximum effect to the principle of freedom of contract in LLC operating agreements.
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