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December 27, 2023 | Delaware Business Court Insider

Del. Among Group of AGs Asking SCOTUS to Let Government, Social Media Cos. Talk About Content Moderation

The attorneys general filed an amicus brief that stood in support of government agencies and officials that are subject to the injunction.
3 minute read
December 27, 2023 | Delaware Business Court Insider

Texas Bankruptcy Court Holds Code Overrides State Law on Expulsion

In her Distress Mergers and Acquisitions column, Corinne Ball discusses the recent case "In re Envision Healthcare Corp," where the Bankruptcy Court for the Southern District of Texas confronted an apparent conflict between applicable Delaware law and the Bankruptcy Code, determining that the Bankruptcy Code overrides state law and protects a debtor from expulsion by its fellow LLC members.
12 minute read
December 27, 2023 | Delaware Business Court Insider

Chancery Permits Limited Stockholder Inspection of Nonpublic Books and Records for Better Valuation of Shares

The Delaware Court of Chancery considered whether a stockholder of a publicly traded company was entitled to inspect the books and records of the public company's nonpublic subsidiary for the stated purpose of "more accurately" valuing the public corporation's publicly traded shares.
8 minute read
December 26, 2023 | Delaware Business Court Insider

These Were the Cybersecurity & Data Privacy Milestones in 2023

Legal industry experts make their picks for the biggest developments in cybersecurity and data privacy in the past year.
8 minute read
December 21, 2023 | Delaware Business Court Insider

After $148 Million Judgment in Defamation Suit, Rudy Giuliani Files for Chapter 11 Bankruptcy

Claims against Giuliani include a suit filed by his former attorney Robert Costello and Costello's firm Davidoff Hutcher & Citron for unpaid legal fees.
4 minute read
December 21, 2023 | Delaware Business Court Insider

What's Next for Monsanto in 2024 After Jurors Shifted on Roundup Verdicts

With nine defense verdicts in a row, Bayer was headed well into 2023 with an unstoppable record in trials over Monsanto's Roundup. Then, the momentum stopped with five verdicts totaling more than $2 billion.
4 minute read
December 20, 2023 | Delaware Business Court Insider

Calif. Appellate Court Declares Delaware Exclusive Forum Provision Unenforceable

Publicly traded corporations increasingly adopted exclusive forum provisions to reduce the risk of burdensome and costly multijurisdictional stockholder litigation. State and federal courts around the country regularly enforced the provisions, dismissing cases not brought in the specified jurisdiction.
5 minute read
December 19, 2023 | Delaware Business Court Insider

Delaware High Court: Out-of-State Case Isn't Enough to Dismiss Otherwise Supported Derivative Litigation

It's the first time the state's high court has officially addressed whether or not a Delaware judge can take adjudicative notice of factual findings from another court,.
4 minute read
December 18, 2023 | Delaware Business Court Insider

Four Lessons From Delaware Corporate Litigation You Should Have Learned in 2023

The Court of Chancery and Delaware Supreme Court hammered home several key points multiple times throughout 2023, signaling to litigators that they may want to keep them in mind as they head into the new year.
7 minute read
December 18, 2023 | Delaware Business Court Insider

Several Mass Tort Bankruptcies Stumbled in 2023. Could Some Fall Apart in 2024?

The U.S. Supreme Court heard oral arguments this month in the Purdue Pharma bankruptcy about third-party releases in a case that could also impact the Boy Scouts of America's Chapter 11 plan next year.
5 minute read

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