• Law.com | Podcast

    Times Are Tough! A Shame-Free Guide to Surviving Career Disruption

    May 29, 2020

    Can your career recover from a layoff? Advice from a Big Law counsel and former GC who isn't afraid to acknowledge that her journey has had "some real ups and downs."

  • Delaware Business Court Insider | Commentary

    Chancery Adjudicates Books and Records Request Post-Trial for Delaware LLC

    May 29, 2020

    Trials involving books and records requests have become more common since the Delaware Supreme Court encouraged stockholder plaintiffs to use the "tools at hand" to discover information necessary to establish demand futility prior to pursuing derivative litigation.

  • Delaware Business Court Insider | Commentary

    Chancery Holds Buyout Provision in LLC Agreement to Be a 'Call Option' and Irrevocable Following Exercise

    May 29, 2020

    The Court of Chancery's opinion offers valuable guidance to Delaware limited liability companies when drafting the buyout provision of their operating agreements, as well as when Delaware limited liability companies are considering exercising a buyout right in accordance with the terms of their operating agreements.

  • The Am. Bottling Co. v. Repole

    Publication Date: 2020-05-27
    Practice Area: Mergers and Acquisitions
    Industry: Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Garrett B. Moritz and Anne M. Steadman, Ross Aronstam& Moritz LLP, Wilmington, DE; Robert C. Walters, Russell H. Falconer, and Megan Z. Hulce, Gibson Dunn & Crutcher LLP, Dallas, TX for plaintiff.
    for defendant: A. Thompson Bayliss and Daniel J. McBride, Abrams & Bayliss LLP, Wilmington, DE; David H. Bernstein, Jyotin Hamid, Jared I. Kaga, and Matthew J. Patrozziello, Debevois& Plimpton LLP, New York, NY for defendants.

    Case Number: D68991

    Attorney-client privilege waived for communications disclosed to counterparty in merger transaction where the merger parties' shared interests were commercial rather than legal in nature.

  • Wilant v. BNSF Ry. Co.

    Publication Date: 2020-05-27
    Practice Area: Occupational Safety and Health
    Industry: Transportation
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: A. Dale Bowers, II, Law Office of A. Dale Bowers, Wilmington, DE; Shawn A. Ricci and Luke T. Pepper, Bern Cappelli, LLC, Conshohocken, PA for plaintiff.
    for defendant: Maria R. Granaudo Gesty, Burns White, LLC, Wilmington, DE; S. Camile Reifers, Boyle Brasher, LLC , Memphis, TN for defendant.

    Case Number: D68997

    The court granted a motion to exclude the testimony of plaintiff's causation expert.

  • First State Orthopaedics v. Employers Ins. Co. of Wausau

    Publication Date: 2020-05-27
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: John S. Spandaro, John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff.
    for defendant: Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; D. Andrew Hatchett, Tiffany Powers and Robert Poole, Alston & Bird, Atlanta, GA for defendants.

    Case Number: D68994

    Defendants' voluntary cessation of a business practice did not cause the parties' controversy to become moot, because defendants left open the possibility of returning to that practice in the future.

  • Adams v. Klein

    Publication Date: 2020-05-27
    Practice Area: Corporate Governance
    Industry: Pharmaceuticals
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Gregory F. Fischer, Cozen O’Connor, Wilmington, DE; Michael B. de Leeuw, Matthew L. Elkin, and Martin Bloor, Cozen O’Connor, New York, NY for plaintiffs.
    for defendant: Andrew L. Cole and Bradley P. Lehman, Cole Schotz, Wilmington, DE; Steven R. Klein and Rachel A. Mongiello, Cole Schotz, Hackensack, NJ for defendant.

    Case Number: D68990

    Tortious interference counterclaim brought by LLC member terminated as CEO dismissed on summary judgment where the LLC duty of loyalty did not extend to members acting with respect to one another in the employment context.

  • Riker v. Teucrium Trading, LLC

    Publication Date: 2020-05-27
    Practice Area: Corporate Entities
    Industry: Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Michael F. Bonkowski and Andrew L. Cole, Cole Schotz P.C., Wilmington, DE; Roger A. Lane and Courtney Worcester, Foley & Lardner LLP, Boston, MA for plaintiff.
    for defendant: T. Brad Davey and Mathew A. Golden, Potter Anderson & Corroon LLP, Wilmington, DE; Barry S. Pollack and Joshua L. Solomon, Pollack Solomon Duffy LLP, Boston, MA for defendant.

    Case Number: D68995

    In this books and records request matter, the court held that plaintiff was entitled to certain documents to value his interest, but the court denied other aspects of his request.

  • Delaware Business Court Insider | Analysis

    More Bankruptcies Could Mean More Challenges for E-Discovery Counsels

    May 27, 2020

    E-discovery lawyers caution that, while the discovery process is similar across any litigation, bankruptcy proceedings require quicker turnarounds and more challenging data handling procedures.

  • Delaware Business Court Insider | Commentary

    In Mergers, Common Interest Doctrine Applies Only When Parties Share Primarily Legal, Not Commercial, Interests

    May 27, 2020

    The Delaware Superior Court recently elaborated on the common interest doctrine in the context of a merger. In American Bottling v. Repole, Judge Abigail LeGrow held that privileged communications shared with a third party during the final stages of a merger were not subject to the common interest doctrine.