Delaware Business Court Insider | Commentary
By Sarah Delia | May 24, 2023
Corporate boards and investors alike will benefit from an understanding of the principles articulated in this ruling, as well as from careful consideration of the steps that can be taken to alter the joint client rule or to guard against a privilege waiver resulting from the production and use of privileged information in litigation.
New York Law Journal | Analysis
By Edward E. Neiger | May 19, 2023
This issue of the Bankruptcy Update focuses on recent filings by Bed Bath & Beyond, David's Bridal and Christmas Tree Shops as the wave of retail sector bankruptcies intensifies.
The Legal Intelligencer | Commentary
By Edward T. Kang | May 18, 2023
Not all indemnification and advancement rights are created equal. While many companies provide broad and mandatory advancement rights to covered persons, some companies provide permissive advancement rights.
New York Law Journal | Analysis
By Benjamin M. Daniels, Arila Zhou and Sabrina Galli | May 15, 2023
One year into this litigation boom, plaintiffs continue to sue SPAC management, founders, and sponsors for various alleged breaches of fiduciary duties. A recent decision—Delman v. GigAcquisitions3—could accelerate that trend and portend a narrowing of available defenses.
The Legal Intelligencer | Commentary
By Matthew McCloskey and Simone Fair | May 10, 2023
In the common conception, the doctrine of negligence per se holds individuals or organizations automatically liable for the violation of a statute or regulation. The discerning practitioner should be aware of the many jurisdictions in which this general principle is subject to numerous exceptions, distinctions and subtleties.
Delaware Business Court Insider | Commentary
By Molly DiBianca and Robert T. Hoban | May 10, 2023
On April 23, Delaware became the 22nd state in the country to legalize marijuana for recreational use. With the passage of the new law, Delaware employers face new challenges and questions. This article is intended to offer some answers.
Daily Business Review | Commentary
By Heather Woods | May 8, 2023
All lawyers should be mindful of this recent shift, especially those whose practice involves advising on corporate conduct and misconduct, including those admitted to practice in Florida—given the significant number of Florida companies registered in Delaware and Florida's legal history of following Delaware precedent.
Delaware Business Court Insider | Commentary
By Mark E. Felger and Simon E. Fraser | May 3, 2023
The Delaware bankruptcy court ruled that a plaintiff need not explicitly plead its "due diligence" in investigating its preference cause of action. Rather, a general allegation under Federal Rule of Civil Procedure 9(c) that "all conditions precedent have occurred" suffices.
New York Law Journal | Analysis
By Milton L. Williams and Deanna Paul | April 21, 2023
The much-anticipated defamation trial never began, but a ruling last month may have been a lost opportunity to examine a crucial issue in media law: whether news outlets are responsible for reporting false statements by prominent people.
New York Law Journal | Analysis
By Edward E. Neiger, Tessa Cuneo and David Stern | April 20, 2023
In this edition of Mass Torts Update, Edward E. Neiger, Tessa Cuneo and David Stern provide the latest updates on the mass tort litigations involving firefighting foam, chemical hair straightening products, prenatal exposure to Tylenol, Camp Lejeune water contamination, and the Boy Scouts of America bankruptcy.
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