Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | August 3, 2022
Can the Delaware Court of Chancery award damages to a defendant who was improperly enjoined by an order that dispensed with the need for a bond because of the parties' prior contractual waiver that a bond be required?
Delaware Business Court Insider | Commentary
By Kate Roggio Buck and Shannon Dougherty Humiston | July 27, 2022
The U.S. Bankruptcy Court for the District of Delaware declared on July 14 that creditors known to debtors prior to filing for Chapter 11 bankruptcy that did not receive actual notice of the bankruptcy cases may pursue claims in the venue of their choice.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | July 20, 2022
When director actions affect an election of directors or a stockholder vote on matters of corporate control, the board's actions must satisfy enhanced scrutiny under the legal test set forth in Blasius Industries v. Atlas.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | July 6, 2022
The Delaware Court of Chancery has broad discretion to tailor a remedy to suit a particular situation. The recovery in a derivative action generally goes to the corporation, but that rule is not absolute.
Delaware Business Court Insider | Commentary
By Cliff C. Gardner and Peyton V. Carper | June 29, 2022
In "pro-sandbagging" states, a buyer's pre-closing knowledge of a breach does not prevent her from bringing a successful claim for breach of warranty. In "anti-sandbagging" states, a buyer who knew (or should have known) that the warranty was untrue is barred from recovering on a claim for breach.
Delaware Business Court Insider | Commentary
By Cheneise V. Wright | June 29, 2022
In BET FRX v. Rebecca Myers, C.A. No. 2019-0894-KSJM (Apr. 27, 2022), the Delaware Court of Chancery granted in part and denied in part in a motion to dismiss minority stockholder claims for breach of the LLC agreement, breach of the implied covenant of good faith and fair dealing, breach of fiduciary duties, directly and derivatively, and judicial dissolution pursuant to 6 Del. C. Section 18-802.
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller | June 22, 2022
In Stream TV Networks v. SeeCubic, the Delaware Supreme Court vacated a permanent injunction imposed by the Delaware Court of Chancery that prohibited Stream TV Networks, Inc. and the Rajan brothers, who collectively held a majority of the company's stock, from blocking a negotiated transfer of all of Stream's assets to satisfy its secured creditors.
Delaware Business Court Insider | Commentary
By Jarret P. Hitchings | June 15, 2022
Strangers to the insolvency profession might be surprised to learn that it is often expensive to go bankrupt. Indeed, the high cost associated with obtaining relief under Chapter 11 of the federal Bankruptcy Code is a routine criticism of the federal bankruptcy scheme and an issue many commentators argue is ripe for reform.
Delaware Business Court Insider | Commentary
By Donna M. Glover | June 8, 2022
Employers with at least 25 employees are subject to these parental, family caregiving and medical leave provisions.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | June 1, 2022
Where two halves of a deadlocked board are competing in a proxy contest, can one half assert the corporation's privilege against the other?
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