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February 05, 2024 | Delaware Business Court Insider

Tesla GC Todd Maron In Spotlight Following Musk's Stinging Defeat

Chancellor Kathaleen McCormick found Maron was "totally beholden" to the billionaire and that three of Tesla's eight board members were as well.
4 minute read
February 02, 2024 | Delaware Business Court Insider

Mere Presence of Cannabis Near a Bankruptcy Case Does Not Automatically Preclude Relief

In In re Kojima, the U.S. District Court for the Central District of California (the court) affirmed a bankruptcy court's order approving a Chapter 7 trustee's proposed settlement of cannabis-related state court claims held by creditors of the estate.
7 minute read
February 02, 2024 | Delaware Business Court Insider

Plaintiff's Trial Team Discuss Rolling Back Elon Musk's $56B Tesla Compensation Package

A team led by Greg Varallo and Jeroen van Kwawegen of Bernstein Litowitz Berger & Grossmann and David Tejtel of Friedman Oster & Tejtel secured a post-trial ruling from Delaware Chancellor Kathaleen McCormick finding that when it came to the Tesla CEO's pay package "Musk launched a self-driving process, recalibrating the speed and direction along the way as he saw fit."
10 minute read
February 01, 2024 | Delaware Business Court Insider

Wilmington Trust Seek Judgment Over Alleged Loan Agreement Breach

Plaintiff Wilmington Trust filed a motion for summary judgment in lieu of a complaint in Manhattan Supreme Court Wednesday.
2 minute read
February 01, 2024 | Delaware Business Court Insider

Real Estate Pressure Likely to Keep Chapter 11 Filings Flowing in 2024

Bankruptcy experts are now expecting to see a steady stream of Chapter 11 filings continue throughout 2024, though not with a year-over-year jump like 2023's.
3 minute read
January 31, 2024 | Delaware Business Court Insider

Third Circuit Affirms Reinstatement of Worker Fired After Used N-Word on Video Call

Michael Bernabe, who is white, was logged into a virtual team meeting on July 29, 2020, when other employees heard him shout profanity and the N-word.
5 minute read
January 31, 2024 | Delaware Business Court Insider

Here's How Elon Musk's $56B Executive Comp Loss Could Reverberate

Shortly after Chancellor Kathaleen St. J. McCormick issued her post-trial opinion finding Elon Musk's $56 billion compensation agreement with Tesla should be rescinded, Musk posted one possible takeaway: "Never incorporate your company in the state of Delaware."
5 minute read
January 30, 2024 | Delaware Business Court Insider

Tesla Shareholder Wins Challenge to Elon Musk's Tesla Comp Package

Chancellor Kathaleen McCormick concluded Musk was a controller of Tesla under Delaware law, putting the burden of entire fairness on his defense team from Cravath, Swain & Moore and Ross Aronstam & Moritz.
3 minute read
January 30, 2024 | Delaware Business Court Insider

Say Baker Hostetler IP Practice Leaders: Expect More Patent Filings After a Decade-Long Low

The most common rationale for the dearth of patent filings has been "the economy," however, the report also notes jurisdictional changes may be a cause.
5 minute read
January 29, 2024 | Delaware Business Court Insider

Supreme Court: Pro-Contract Delaware Shouldn't Override Forfeiture for Competition Provisions

Justice Gary F. Traynor's opinion, which emphasizes Delaware's strong deference to contract freedoms, remanded the case of former Cantor Fitzgerald partners to the Court of Chancery.
4 minute read

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