Corporate Counsel | Expert Opinion
By Michael W. Peregrine | June 27, 2022
Some chief legal officers may now balk at participating in the minute-taking process for future board and committee meetings—at least those involving major transactions and other "bet the company" decisions.
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa Jr. and George W. Fitting | June 24, 2022
Section 327(a) of the Bankruptcy Code allows debtors to employ estate professionals. The section requires these professionals to be "disinterested persons" who "do not hold or represent an interest adverse to the bankruptcy estate."
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller | June 22, 2022
In Stream TV Networks v. SeeCubic, the Delaware Supreme Court vacated a permanent injunction imposed by the Delaware Court of Chancery that prohibited Stream TV Networks, Inc. and the Rajan brothers, who collectively held a majority of the company's stock, from blocking a negotiated transfer of all of Stream's assets to satisfy its secured creditors.
Delaware Business Court Insider | Commentary
By Jarret P. Hitchings | June 15, 2022
Strangers to the insolvency profession might be surprised to learn that it is often expensive to go bankrupt. Indeed, the high cost associated with obtaining relief under Chapter 11 of the federal Bankruptcy Code is a routine criticism of the federal bankruptcy scheme and an issue many commentators argue is ripe for reform.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Marcy J. McLaughlin Smith | June 9, 2022
A recent letter ruling by the Delaware Bankruptcy Court in Mesabi Metallics v. Cleveland-Cliffs, may provide some relief to a nonparty, and change a party's cost-benefit analysis when deciding whether to issue a third party subpoena.
Delaware Business Court Insider | Commentary
By Donna M. Glover | June 8, 2022
Employers with at least 25 employees are subject to these parental, family caregiving and medical leave provisions.
The Legal Intelligencer | Commentary
By Maxwell Briskman Stanfield | June 1, 2022
As ESG standards eventually become a requirement, rather than window dressing, corporate attorneys and firm leaders must provide counsel and implement internal policies that match investors and their clients' desires.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | June 1, 2022
Where two halves of a deadlocked board are competing in a proxy contest, can one half assert the corporation's privilege against the other?
The Legal Intelligencer | Commentary
By Edward T. Kang and Ryan T. Kirk | May 12, 2022
Because veil piercing is a highly fact-intensive inquiry, it can be difficult to predict in advance when a court will grant such a remedy. This is because, in addition to the multi-factor analysis that often goes into the decision of whether to pierce, there are also a variety of different forms that veil piercing can take.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi | May 11, 2022
A recent Delaware Supreme Court decision provides a lesson for drafters of agreements for the sale of a business by providing an example of the problems caused by a lack of clarity in describing a deadline to send notices of claims for indemnification post-closing.
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