New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | January 10, 2019
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss three recent decisions, one which declined to realign a corporate defendant as a plaintiff in a diversity action; another which dealt with various issues in connection with a motion to suppress evidence in a criminal case; and the last which dismissed an action brought under the Federal Tort Claims Act relating to a murder in Panama.
By Dan Clark | December 11, 2018
Data privacy and cybersecurity attorneys interviewed Tuesday generally agreed that Equifax could have done more to prevent the 2017 data breach, but at least one prominent data privacy and data security lawyer said that the report was unfair because the government has done little to help protect U.S. companies and organizations from bad actors.
Delaware Business Court Insider | News
By Tom McParland | November 30, 2018
In a precedential opinion, a three-judge panel of the appeals court rejected the trustee's argument that bankruptcy courts are included in the definition of "courts" under federal law.
Delaware Business Court Insider | News
By Tom McParland | November 15, 2018
A federal appeals court has rejected a shareholder appeal in a lawsuit challenging the U.S. government's ability to seize all of the quarterly profits generated by Fannie Mae and Freddie Mac after the companies' bailout amid the 2008 financial crisis.
By Payson LeMeilleur and Brandon G. Smith | October 29, 2018
Over a year ago, the Supreme Court held in TC Heartland v. Kraft Food Groups, that venue for patent suits against domestic corporations is limited to either the defendant's state of incorporation, or where the defendant has a regular place of business and committed allegedly infringing acts.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | September 5, 2018
The purchase and sale of claims held by creditors against debtors in a bankruptcy proceeding has become a big business.
New York Law Journal | Expert Opinion
By Sharon M. Porcellio | July 26, 2018
U.S. Senior District Judge Michael A. Telesca then had more than 10 briefs and supplemental letter briefs and multiple statements and counter-statements of fact and other submissions from the two parties to decide the pending summary judgment motions.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | June 27, 2018
In Official Committee of Unsecured Creditors v. Constellation Enterprises (In re Constellation Enterprises), Judge Andrews held that a creditors' committee automatically dissolved when a Chapter 11 case was converted to a Chapter 7 case and as a result it lacked the capacity or authority to pursue appeals that had been filed from orders of the bankruptcy court, including the order converting the case.
Delaware Business Court Insider | Commentary
By Jennifer H. Rearden, Jefferson E. Bell and Michael Marron | June 13, 2018
In Steinberg v. Bearden, the Delaware Chancery Court considered whether the Aronson or Rales test for demand futility should apply to a derivative claim for breach of fiduciary duty against directors who allegedly made false and misleading statements.
Delaware Business Court Insider | Commentary
By Ellis E. Herington | May 30, 2018
What obligations does a board of directors owe to a controlling stockholder? What actions can a board of directors take against a controlling stockholder?
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