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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

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
February 26, 2024 | Delaware Business Court Insider

Why the Wide Range of Roundup Verdicts? It Might Depend on What Juries Hear About the EPA

The wide range of Roundup verdicts, from defense wins for Monsanto to a $2.25 billion award, could be due to what jurors hear at trial about the EPA and foreign regulatory agencies.
8 minute read
February 23, 2024 | Delaware Business Court Insider

After Record-Breaking Year, Qui Tam Conference Stresses DOJ Efficiency in False Claims Act Matters

The two-day conference featured panels that touched on each stage of the qui tam process, from vetting whistleblowers to calculating damages, and what developments from 2023 are influencing how attorneys are approaching those steps.
3 minute read
Law Journal Press | Digital Book New Jersey Medical Malpractice Law 2024 Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown View this Book

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February 23, 2024 | Delaware Business Court Insider

Navigating Executive Compensation Negotiations: Balancing Behavior and Legality

Recent coverage of Elon Musk's public compensation negotiations with the Tesla board of directors has put the spotlight on the art of negotiating executive pay. Lawyers advising clients in similar negotiations must bring both an understanding of the law and awareness of the behavioral factors in play to negotiate a legal deal that satisfies all parties.
8 minute read
February 21, 2024 | Delaware Business Court Insider

Boeing Under Fire for Allegedly Conning Smaller Companies Into Contracts in Slew of New Cases

"The notion that Boeing with its armies of lawyers, bankers, and consultants could be outmaneuvered by a mid-sized Charlotte family investment firm is utterly absurd," said Michael Forde of Forde & O'Meara, who is representing a company claiming the aerospace giant conned the business into buying a near-bankrupt parts supplier.
5 minute read
February 21, 2024 | Delaware Business Court Insider

Sullivan & Cromwell's 'Man on the Inside': Lawsuit Throws Spotlight on Former FTX GC

Ryne Miller is not a defendant in the shareholder lawsuit, but it asserts he helped funnel millions of dollars in work to Sullivan & Cromwell after he left the firm to join FTX in 2021.
5 minute read
February 21, 2024 | Delaware Business Court Insider

Creditor Remedies Prevail in Delaware

This article addresses how a Creditor's Committee may sue members of an LLC, despite Delaware law limitations, and how prebankruptcy exercise of proxy rights in reliance on Delaware law are upheld in a subsequent bankruptcy case.
12 minute read
February 21, 2024 | Delaware Business Court Insider

Delaware Supreme Court Upholds Partnership's Anti-Competition Provision

In Cantor Fitzgerald v. Ainslie, the Delaware Supreme Court upheld the validity of a post-employment restriction in a limited partnership agreement. The decision overturned the ruling of the Delaware Court of Chancery invalidating a forfeiture-for-competition provision, which permitted the partnership to withhold distributions to partners who voluntarily withdrew from and then competed with the partnership.
3 minute read

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