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
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Roxanne J. Indelicato | February 9, 2023
In a recent decision, In re HONX, No 22-90035 (Bankr. S.D. Tex. Dec. 28, 2022), the U.S. Bankruptcy Court for the Southern District of Texas (the court) addressed whether a debtor that has no independent assets or ongoing business operations can reorganize under Chapter 11 in good faith.
Delaware Business Court Insider | Commentary
By Molly DiBianca | February 8, 2023
The enforceability of restrictive covenants, both in Delaware and across the country, is an issue in a state of flux. A recent decision by the Delaware Court of Chancery serves to highlight the court's hesitance to enforce noncompetes in Delaware and the rule recently proposed by the FTC would eliminate noncompetes entirely.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | February 8, 2023
While the Stone v. Ritter decision only recognized the oversight duties of directors, three years later, the Delaware Supreme Court ruled that "the fiduciary duties of officers are the same as those of directors." See Gantler v. Stephens, 965 A.2d 695, 709 (Del. 2009).
The Legal Intelligencer | Commentary
By Francis J. Lawall and Brenden Dahrouge | February 2, 2023
On Jan. 5, the U.S. Court of Appeals for the Fifth Circuit recently provided some additional color to the abstention issue by ruling that the U.S. Bankruptcy Court for the Southern District of Texas lacked jurisdiction to decide an exclusively state-governed question related to emergency energy price controls.
Delaware Business Court Insider | Commentary
By Kaan Ekiner and Mark Felger | February 1, 2023
In recent years, litigation over financial projections has increased in frequency. These claims, sometimes involving allegations of fraud, are typically decided by the Delaware Court of Chancery or the Delaware Superior Court's Complex Commercial Litigation Division.
Delaware Business Court Insider | Commentary
By Michael P. Maxwell and Alyssa Gerace Frank | February 1, 2023
'Twas the week before Christmas, and the Delaware Supreme Court delivered an early present to Loews Corp.: a resounding reversal of a 2021 Delaware Court of Chancery ruling excoriating the entire process through which Boardwalk Pipeline Partners' general partner took the company private and awarding the plaintiff investors with nearly $700 million in damages, plus interest.
Delaware Business Court Insider | Commentary
By Benjamin A. Smyth | January 25, 2023
Restrictive covenants—like noncompetition and nonsolicitation provisions—are common. A recent decision by the Delaware Court of Chancery is important to understanding how restrictive covenants can be used and makes clear that the covenant cannot be overly broad, even if the parties have agreed that it is "reasonable."
Delaware Business Court Insider | Commentary
By David J. Margules | January 25, 2023
Delaware's Supreme Court unanimously overturned a landmark Chancery Court judgment holding a general partner liable for exercising an option to cash out minority holders in bad faith reliance on a "contrived" legal opinion.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Sean M. Brennecke | January 18, 2023
This list highlights notable decisions that should be of widespread interest to those who work in the corporate and commercial litigation field or who follow the latest developments in this area of Delaware law.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Sean M. Brennecke | January 11, 2023
This list does not attempt to include all important decisions of those two courts that were rendered in 2022. Instead, this list highlights notable decisions that should be of widespread interest to those who work in the corporate and commercial litigation field or who follow the latest developments in this area of Delaware law.
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Professional Announcement
Frederick D. Miceli has joined the firm as Of Counsel
Professional Announcement