Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | February 2, 2022
At common law, before the directors could sell all the assets of a healthy corporation, they had to obtain unanimous stockholder approval. The unanimity requirement gave rise to holdout problems, where a minority of stockholders could block a transaction.
Delaware Business Court Insider
By Amy Guthrie | February 1, 2022
The amicus brief—joined by state attorneys from California, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York and Oregon—urged the court to deny the defendants' motions to dismiss.
By Ellen Bardash | January 31, 2022
The case, brought in March 2021, is the first of three Dominion filed in Superior Court alleging right-leaning media outlets to have made defamatory statements about the voting services company surrounding the 2020 presidential election.
Delaware Business Court Insider
By Ellen Bardash | January 27, 2022
The John Doe plaintiff, represented by David L. Finger of Finger & Slanina and D.C. attorney Megan Gray of GrayMatters Law & Policy, has filed a case in Delaware Superior Court in protest of a subpoena they say was sent to Twitter without their knowledge in November.
Delaware Business Court Insider
By Ellen Bardash | January 27, 2022
U.S. District Judge Ronnie Abrams dismissed the claims brought against the Kentucky-headquartered oil manufacturer and distributor by Ashland Global Holdings Inc., which a McCarter & English team argued Valvoline should have to repay for tax attributes and related benefits valued at about $29 million.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | January 26, 2022
The Delaware Court of Chancery applied entire fairness review and held that the plaintiff stockholders had stated legally sufficient "nonexculpated claims against the controlling stockholder and directors" of Churchill Capital Corp. III, a SPAC, in connection with its de-SPAC merger with a private operating company.
Delaware Business Court Insider
By Max Mitchell | January 25, 2022
"Unlike the sale of a good, a TitleMax loan has a longer lifespan: it involves later payments and permits a physical taking (repossession) from inside another state," Third Circuit Judge Patty Shwartz said.
Delaware Business Court Insider
By Ellen Bardash | January 24, 2022
An influx of crypto transactions was a short-term boost, not a sustainable trend, plaintiffs said in their lawsuit. That falls under the category of uncertainties and potential investment risks the SEC requires to be disclosed in its offering documents, they said.
Delaware Business Court Insider
By Amanda Bronstad | January 21, 2022
Laura Davis Jones, a partner at Pachulski Stang Ziehl & Jones in Wilmington, Delaware, said at the hearing that the dual committees would "foster division, not compromise," and create an "enhanced footing of one subset of talc claimants."
By Alaina Lancaster | Zack Needles | January 21, 2022
In this week's episode, retired California Superior Court Judge LaDoris Cordell shares her definition of an "activist judge."
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