Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | November 8, 2017
In a significant decision in a closely watched case, Bankruptcy Judge Laurie Selber Silverstein held in In re Millennium Lab Holdings II, Case No. 15-12284 (LSS) (Del. Bankr. Oct. 3, 2017), that the bankruptcy court had constitutional adjudicatory authority to approve the nonconsensual release of nondebtor, direct nonbankruptcy common law claims against third parties as part of a confirmation order.
Delaware Business Court Insider | News
By Tom McParland | November 2, 2017
Delaware Supreme Court Justice Leo E. Strine Jr. has asked the state's lawmakers to create seats for two new vice chancellors on the Delaware Court of Chancery as part of his fiscal year 2019 budget request.
Delaware Business Court Insider | Commentary
By Brett M. McCartney | November 1, 2017
Books and records actions are heralded as the “tools at hand” for litigators pursuing shareholder claims against a corporation.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | October 26, 2017
Wilmington Trust serves as the sole trustee for certain du Pont Family Trusts established in the 1940s and 1950s. For many years, Wilmington Trust…
Delaware Business Court Insider | Commentary
By Tyler O'Connell and Albert Caroll | October 18, 2017
American courts have long recognized that the public enjoys a First Amendment right of access to judicial proceedings and records. While forceful, the right is only presumptive, and the public's interest in access may be overcome with an adequate showing of need.
Delaware Business Court Insider
By Barry M. Klayman and Mark E. Felger | October 11, 2017
Can a party be precluded from offering evidence that contradicts or seeks to expand the testimony of its designated Rule 30(b)(6) witness? When a party notices the deposition of an organization under Rule 30(b)(6), the organization has an obligation to ensure, through the testimony of one or more witnesses, that the party taking the deposition receives complete responses, based on the organization's full knowledge and any relevant material available to it.
Delaware Business Court Insider | Expert Opinion
By Christopher B. Chuff, Joanna J. Cline, Douglas D. Herrmann and James H.S. Levine | October 11, 2017
A recent decision by the Delaware Court of Chancery, Mehta v. Kaazing, C.A. No. 2017-0087-JRS (Del. Ch. Sept. 29), confirms that stockholder demands to inspect corporate books and records based on the need to value a stockholder's shares may be validly denied if the stockholder is unable to demonstrate that it has a “present” need to value its shares. Indeed, as the court makes clear, simply reciting a proper purpose, such as valuing one's shares or investigating mismanagement, is not enough.
Delaware Business Court Insider
By Lewis H. Lazarus | September 27, 2017
Delaware jurisprudence encourages decision-making by boards of independent and disinterested directors.
Delaware Business Court Insider
By Michael M. Farhang | September 27, 2017
To what extent can parties to a merger agreement contract around Delaware common-law protections against extracontractual fraud?
Delaware Business Court Insider
By Tom McParland | September 27, 2017
A Delaware federal judge on Tuesday dismissed a constitutional challenge to the forced sale of TransPerfect Global Inc., dealing another blow to CEO Philip R. Shawe's campaign to reverse the Chancery Court rulings that put the profitable translation-services company on the auction block.
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