Delaware Business Court Insider
By Mark E. Felger and Simon E. Fraser | January 17, 2024
A Nov. 14 opinion from the U.S. Bankruptcy Court for the District of Delaware provides a reminder of the potentially severe punishment that a party can suffer as a result of its violation of the automatic stay of Section 362 of the Bankruptcy Code, even if the debtor does not suffer any actual damages as a result of the violation.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi, Sean M. Brennecke and Aimee M. Czachorowski | January 3, 2024
This list highlights some of the notable decisions that should be of widespread interest to those involved in corporate and commercial litigation or those who follow the latest developments in this area of Delaware law.
Delaware Business Court Insider | Commentary
By Mark E. Felger and Kaan Ekiner | December 27, 2023
The Delaware Court of Chancery considered whether a stockholder of a publicly traded company was entitled to inspect the books and records of the public company's nonpublic subsidiary for the stated purpose of "more accurately" valuing the public corporation's publicly traded shares.
Delaware Business Court Insider | Commentary
By Cliff C. Gardner, Peyton V. Carper and Sukhandeep Kaur | December 20, 2023
Publicly traded corporations increasingly adopted exclusive forum provisions to reduce the risk of burdensome and costly multijurisdictional stockholder litigation. State and federal courts around the country regularly enforced the provisions, dismissing cases not brought in the specified jurisdiction.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | December 13, 2023
Parties in business transactions sometimes decide by contract that disputes relating to or arising out of their contractual relationship shall be resolved by arbitration. If and when a dispute arises, a threshold issue is whether the dispute is covered by arbitration and if so, whether any aspect may be resolved by a court.
Delaware Business Court Insider | Commentary
By Matthew J. Rifino and Philip D. Amoa | December 6, 2023
In Braga, an investor sought to rescind an agreement and recoup its investment based on a fraudulent inducement theory after the investor's relationship with the deal sponsor turned sour. The Delaware Court of Chancery refused to undo the transaction and the investor was left with several expensive lessons in deal making.
Delaware Business Court Insider | Commentary
By Elizabeth S. Fenton | November 22, 2023
In the Hauppauge Digital case, the court affirmed the Court of Chancery's discretion to reject the parties' proposed confidentiality restrictions, and held that the decision regarding confidentiality restrictions is "a context-driven balancing exercise, the result of which will not be disturbed on appeal unless clearly unreasonable or capricious."
Delaware Business Court Insider | Commentary
By Brian T.M. Mammarella | November 15, 2023
In two recent opinions, the Delaware Court of Chancery addressed the scope of disclosure liability in two novel contexts.
Daily Business Review | Commentary
By Perry F. Sofferman | November 14, 2023
Companies must be in preparation mode now and seek to gain a full understanding of the steps that should be taken to comply with the new regulations.
Corporate Counsel | Expert Opinion
By James Crocker | November 13, 2023
In view of the increased importance of effective governance, and the opportunities boards have to improve, it is time for General Counsel to spearhead an effort to enhance board effectiveness. This study revealed that director quality and social dynamics and board information access and quality have the biggest impact on board effectiveness.
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