Delaware Business Court Insider
By Jeff Mordock | July 17, 2013
Delaware Court of Chancery Vice Chancellor Sam Glasscock III has granted a motion for partial final judgment filed by the debt holders of an insolvent pharmaceutical company, despite denying
Delaware Business Court Insider
By Lewis H. Lazarus | July 10, 2013
Roscoe Pound once wrote that "law must be stable and yet it cannot stand still." The Delaware Supreme Court in Unocal v. Mesa Petroleum, 493 A.2d 946, 957 (Del. 1985), likew
Delaware Business Court Insider
By Barry M. Klayman and Mark E. Felger | July 10, 2013
The Worker Adjustment and Retraining Notification Act (WARN Act) provides that an employer may not order a plant closing or mass layoff until the end of a 60-day period after the employer se
Delaware Business Court Insider
By Edward M. McNally | June 26, 2013
The Delaware Supreme Court on June 10 brought back to life claims alleging liability for a general partner's failure to act in good faith and to deal fairly with limited partners. Until
Delaware Business Court Insider
By Jeff Mordock | June 26, 2013
The Court of Chancery has has ruled that a no-action clause does not apply to eight of 10 claims it had dismissed with prejudice last year in a lawsuit filed against a Delaware corporation b
Delaware Business Court Insider
By Edward M. McNally | June 12, 2013
Directors of a Delaware corporation have one sure defense to a derivative suit eliminate the pesky stockholder plaintiff's standing to sue. Of course, that tactic involves also elimina
Delaware Business Court Insider
By Barry M. Klayman and Mark E. Felger | June 12, 2013
On March 28, 2012, we wrote about a bankruptcy court decision voiding a nondebtor parent company's revocation of its own S corporation status, which had the effect of terminating its debtor s
Delaware Business Court Insider
By Lewis H. Lazarus | June 5, 2013
The Delaware Court of Chancery has long expressed its preference that the time to bring a disclosure claim regarding a proposed merger is before the stockholders vote and the deal closes. Suc
Delaware Business Court Insider
By Jeff Mordock | May 29, 2013
The Delaware Supreme Court has reversed the Court of Chancery's decision to award PharmAthene Inc. half of the profits from a smallpox vaccine it was developing with Siga Technologies
Delaware Business Court Insider
By Edward M. McNally | May 15, 2013
There is an uproar going on about the practice of filing suit over every merger announced for a publicly traded company. At least 90 percent of merger announcements are followed in a day or t
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