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March 04, 2024 | Delaware Business Court Insider

Tesla Shareholder Attorneys Ask for $5.6B in Stock to Cover Fees, in Record Request

Bernstein Litowitz Berger & Grossmann, Friedman Oster & Tejtel and Andrews & Springer attorneys stressed they're seeking only a fraction of what Delaware law would allow.
5 minute read
March 04, 2024 | Delaware Business Court Insider

Delaware AG Seeks to Pull Certificates of Formation for Companies Allegedly Posing as Affiliates of Fortune 500 Company

According to Delaware Attorney General Kathleen Jennings, Reliance Industries Ltd. is an Indian multinational conglomerate company headquartered in Mumbai with numerous genuine subsidiaries incorporated or formed in Delaware.
3 minute read
March 04, 2024 | Delaware Business Court Insider

Four Years In: How Federal Forum Selection Clauses Have Fared Following Delaware's Landmark Decision in 'Salzberg'

In March 2020, the Delaware Supreme Court issued a landmark ruling in 'Salzberg v. Sciabacucchi'. This article addresses developments that have occurred over the past four years since the ruling and highlights key takeaways for practitioners.
10 minute read
March 01, 2024 | Delaware Business Court Insider

Mistrial Declared in Delaware Roundup Trial As Arkansas Jurors Side With Monsanto

Jurors in Conway County Circuit Court, in Arkansas, gave Monsanto its 11th win on Friday in Roundup trials, and New Castle County Superior Court Judge Vivian Medinilla declared a mistrial after jurors in Delaware were deadlocked.
3 minute read
March 01, 2024 | Delaware Business Court Insider

'Like Kamikaze Pilots': Lawsuits Land in Delaware Ahead of Trump's Social Media Merger

"If they don't cut a deal ahead of the planned acquisition, they are like Kamikaze pilots heading toward each other and will financially ruin the deal for each other," said Sean Johnson, a partner at Johnson Newlon & Decort.
4 minute read
March 01, 2024 | Delaware Business Court Insider

Del. Justices Uphold Chancery Ruling And Other Litigator of the Week Shout Outs

Vice Chancellor J. Travis Laster last year found that the company's largest stockholders were bound to follow a recommendation from the board and vote for a charter amendment to increase the corporation's authorized shares.
7 minute read
February 29, 2024 | Delaware Business Court Insider

SEC Calls Terraform's Dentons Retainer 'Opaque Slush Fund' in Bankruptcy Court

The SEC has asked Judge Brendan Linehan Shannon to deny the application unless Dentons returns to Terraform the $81 million still available from its retainer and files engagement letters and agreements about payment with the court.
3 minute read
February 27, 2024 | Delaware Business Court Insider

'Existential Risks': AI Anxiety Fueling Stream of Shareholder Proposals

"Because this is such a new space, a lot of the proposals will be about more transparency, and about what companies are doing with AI, and how boards are overseeing risks," said Jamie Smith of the EY Americas Center for Board Matters.
6 minute read
February 27, 2024 | Delaware Business Court Insider

The Continuing Review of Real Estate Sector Bankruptcy Rulings

Continuing our series on distressed real estate cases, we again decided to report on two cases that present different issues. One involves the debtor's sale of real estate over the objection of the secured lender, which was approved. The other involves a debtor's attempt to enjoin a construction bond company from continuing to pay claims by subcontractors after the filing of the bankruptcy case, which was denied.
10 minute read
February 27, 2024 | Delaware Business Court Insider

For Sullivan & Cromwell, Pre-Petition FTX Work Bites Back

Class-action plaintiffs and an appellate judge are curious about the regulatory and M&A work Sullivan & Cromwell did for FTX before the exchange collapsed.
7 minute read

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