New York Law Journal | Analysis
By Edward E. Neiger | December 28, 2018
In this issue of the Bankruptcy Update, Edward E. Neiger focuses on recent restructurings in the pharmaceutical industry, including Aralez Pharmaceuticals, Egalet Corporation and Synergy Pharmaceuticals.
Delaware Business Court Insider | News
By Tom McParland | December 27, 2018
The panel found M&T Bank did not properly disclose issues surrounding consumer violations and its anti-money laundering compliance.
Delaware Business Court Insider | News
By Tom McParland | December 19, 2018
The decision was a win for plaintiffs, who will now have greater flexibility in deciding where to file lawsuits alleging fraud that occurred during companies' initial public offerings
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | December 19, 2018
In CapStack Nashville 3 v. MACC Venture Partners, Vice Chancellor Sam Glasscock III considered whether equity had jurisdiction to entertain a temporary restraining order that would have the effect of a prior restraint on speech.
Delaware Business Court Insider | Commentary
By Edward M. McNally | December 19, 2018
The Delaware Court of Chancery has now decided that its past guidance on how to conduct discovery has not cured this problem. It is time, instead, to impose increased sanctions for the most often repeated discovery abuses.
Delaware Business Court Insider | News
By Tom McParland | December 18, 2018
There remains the possibility that Moonves, who has been accused of forcing himself on women and retaliating against those who rebuffed his advances, could sue CBS to recover his "golden parachute."
Delaware Business Court Insider | News
By Tom McParland | December 14, 2018
The lawsuit alleges that Fitbit's brass discovered widespread issues with the San Francisco-based fitness company's heart-rate monitoring technology as early as January 2015 but failed to disclose the scope and severity of the problem before its IPO that November, which raised $416 million.
Delaware Business Court Insider | News
By Tom McParland | December 13, 2018
Judge William C. Carpenter said Wednesday that AR Capital, a New York-based investment and advisory firm, was covered under VEREIT's insurance policy for management services it had provided to VEREIT before the errors were discovered in late 2014.
Delaware Business Court Insider | Commentary
By Andrew W. Stern, James Heyworth and Benjamin F. Burry | December 12, 2018
The Chancery Court will continue to face novel theories of controlling stockholder liability based on contract rights, and Delaware's ability to impose clear limits on when an investor's contract rights render it a fiduciary to the company will have significant consequences for corporate finance and strategic investments under Delaware law going forward.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | December 12, 2018
Once a transaction closes, if a stockholder cannot allege that a majority stockholder vote approving a transaction was uninformed or coerced, then the court will dismiss a complaint attacking the fairness of the transaction under the business judgment standard of review.
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