By Barbara M. Goodstein and Jennifer Kratochvil | October 3, 2018
In this Secured Transactions column, Barbara M. Goodstein and Jennifer Kratochvil write: The new Delaware division statute will likely provide efficiencies for corporate transfers and other transactions, but creditors need both to consider their existing finance agreements and be mindful in documenting new transactions of the effect of this new legislation in regard to limitations on such transfers and other transactions.
Delaware Business Court Insider | Commentary
By John Mark Zeberkiewicz and Nathaniel Stuhlmiller | August 29, 2018
In two recent opinions, The Cirillo Family Trust v. Moezinia, 2018 WL 3388398 (Del. Ch. July 11, 2018), and Charles Almond v. Glenhill Advisors, 2018 WL 3954733 (Del. Ch. Aug. 17, 2018), the Delaware Court of Chancery exercised its powers under Section 205 of the Delaware General Corporation Law (the DGCL) to validate acts that, due to technical problems in their authorization, may have otherwise been void or voidable.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | August 6, 2018
Does public access extend to discovery materials that are not filed with the court? Vice Chancellor J. Travis Laster says no: materials developed during the pretrial discovery process are not part of the presumptively public record until they are filed with the court, such as by being placed on the docket or lodged in evidence.
Delaware Business Court Insider | News
By Tom McParland | July 31, 2018
All five justices sided with TIAA and its McKool Smith attorneys, rejecting an appeal that settlement payments are uninsurable disgorgements under New York law.
New York Law Journal | Expert Opinion
By Corinne Ball | June 27, 2018
In her Distress Mergers and Acquisitions column, Corinne Ball discusses the case "Franchise Services of North America" and writes: The importance of this case rests upon the threshold determination that relief from provisions in the certificate of incorporation granting rights to bona fide investors must be sought in the relevant state court, even when the remedy sought is the exercise of a federal right, generally exercised by fiduciaries that are required to act in the corporation's best interests.
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.
New York Law Journal | Analysis
By Fred D. Weinstein | June 13, 2018
At the heart of the 'Meinhard' opinion is the concept that a fiduciary has a duty of undivided loyalty and, therefore, may not exploit a corporate opportunity for his or her own self-benefit.
New York Law Journal | Expert Opinion
By Edward E. Neiger | May 30, 2018
This issue of the Bankruptcy Update focuses on recent restructurings in the shoe industry. The column delves into the bankruptcy proceedings of Aerogroup International, Nine West and The Rockport Co.
Delaware Business Court Insider
By Barry M. Klayman and Mark E. Felger | May 9, 2018
In JMO Wind Down, Chief Bankruptcy Judge Brendan Shannon considered a motion to enjoin a creditor from pursuing claims against various defendants that were pending in a civil action in the Delaware Court of Chancery based on the provisions of the debtor's Chapter 11 plan of liquidation.
New York Law Journal | Analysis
By Kathleen A. Scott | May 8, 2018
On April 20, 2018, the Financial Stability Board, an organization of international financial regulators that monitors and makes recommendations about the global financial system, issued a set of options it is calling a “toolkit” to assist regulators in determining how best to address conduct issues in their respective jurisdictions. International Banking columnist Kathleen A. Scott discusses the highlights of the toolkit.
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