Delaware Business Court Insider | News
By Ellen Bardash | November 29, 2022
The newer complaints alleging AT&T has been keeping too large a share of partnership revenue considering the partners' key role in growing the telecommunications giant's reach.
Delaware Business Court Insider | News
By Ellen Bardash | November 22, 2022
Attorneys said while they plan to begin liquidating FTX's assets as quickly as possible, a significant portion of those assets have been stolen or are otherwise not accounted for.
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller and Brian T.M. Mammarella | November 16, 2022
This article offers a high-level snapshot of the current state of Caremark jurisprudence by highlighting three key takeaways from the 21 published trial court opinions addressing motions to dismiss Caremark claims issued post-Marchand.
Delaware Business Court Insider
By Brad Kutner | November 11, 2022
Environmental, social and governance strategies from U.S. companies have come under increased scrutiny by congressional Republicans.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | November 9, 2022
The distinction between legal and equitable fraud is not always clearly drawn, yet subject matter jurisdiction in the Delaware Court of Chancery can depend on it.
Delaware Business Court Insider | Commentary
By Matthew J. Rifino | November 2, 2022
In Samuels v. CCUR Holdings, C.A. No. 2021-0358-PAF (Del. Ch. May 31, 2022), the Delaware Court of Chancery found that a shareholder may challenge the fair value of a payment for a fractional interest in a company under Section 155(2) of the Delaware General Corporation Law (DGCL).
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | October 26, 2022
In CompoSecure v. CardUX, 206 A.3d 808 (Del. 2018), the Delaware Supreme Court held that when parties use the word "void" to describe the consequences of a noncompliant act under an LLC agreement, the act is deemed void ab initio, which as a practical matter, means the act is incurably void.
Delaware Business Court Insider | Commentary
By Sean M. Brennecke | October 19, 2022
Vice Chancellor Lori Will's recent post-trial decision in Avgiris Brothers v. Bouikidis is a useful reminder of the benefits of a well-drafted LLC agreement and reaffirmed two bedrock principles of Delaware alternative entity and contract law—parties are given wide latitude to order their affairs through a LLC agreement and that Delaware courts will strictly construe the language of those agreements.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | October 12, 2022
In Protech Minerals v. Dugout Team, No. 288, 2021, 2022 WL 4004606 (Del. Sept. 2, 2022), the Delaware Supreme Court affirmed that trust distributions are personal property subject to garnishment. The court declined to consider whether the result would be different if the trust were a spendthrift trust.
Delaware Business Court Insider | Commentary
By Philip D. Amoa and Travis J. Ferguson | October 5, 2022
Unless specifically authorized by Delaware's General Corporate Law (DGCL), the contents of a corporation's charter do not displace directors' fiduciary obligations or override the court's "enhanced scrutiny" review for transactions implicating shareholders' sacrosanct voting rights.
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