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.
By Tom McParland | November 26, 2018
The complaint, filed Nov. 19, asked the court to cancel the companies' certificates of formation using a new provision of Delaware's Limited Liability Company Act.
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.
The Legal Intelligencer | Commentary
By Edward T. Kang and Kandis L. Kovalsky | November 8, 2018
These days, it is common for companies headquartered or principally located in one city and state to have multiple offices and employees throughout many cities and states in the country, and even the world.
Delaware Business Court Insider | News
By Tom McParland | October 31, 2018
Delaware, home to most of the nation's publicly traded corporations, has a long tradition of allowing the "private ordering" of corporate affairs, leaving governance largely to shareholders. Gender diversity on the boards shareholders elect is not viewed differently, even in the era of the #MeToo movement.
Delaware Business Court Insider | Commentary
By Brian M. Lutz and Mark H. Mixon Jr. | September 26, 2018
Longstanding Delaware law not only entitles but encourages directors to rely in good faith on corporate officers and expert advisers for advice, information, and specialized expertise.
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 | 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 Larry R. “Buzz” Wood Jr., Adam V. Orlacchio and Craig Haring | May 30, 2018
Delaware litigators and deal lawyers around the globe are keen on accounting for the risk of dissenting stockholders exercising appraisal rights when negotiating and structuring a corporate transaction.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | May 23, 2018
The Delaware Limited Liability Company Act's policy is to give the maximum effect to the principle of freedom of contract in LLC operating agreements.
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