• Delaware Business Court Insider

    Adviser-Consultants Held Not 'Other Professionals' for Purposes of Section 327(a) of Bankruptcy Code

    November 07, 2018

    Two recent decisions by separate judges of the Delaware Bankruptcy Court have addressed the question of whether persons providing services to debtors relating to the disposition and monetization of inventory, real estate, intellectual property and other estate assets are “professionals” and must be retained under the strictures of Section 327(a) of the Bankruptcy Code.

  • Patel v. Sunvest Realty Corp.

    Publication Date: 2018-10-31
    Practice Area: Business Torts | Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Julia B. Klein, Klein, LLC, Wilmington, DE, attorney for plaintiffs
    for defendant: Eric J. Monzo and Brenna A. Dolphin, Morris James, LLP, Wilmington, DE; Raymond W. Cobb, O'Hagan Meyer, LLC, Wilmington, DE, attorneys for defendants.

    Case Number: D68336

    Vicarious liability claims against real estate brokerage for individual broker's fraud could be maintained where the broker worked from the brokerage's office and used that position and the brokerage's name and reputation to perpetuate the alleged fraud.

  • Talley-Siders v. Mayhorn

    Publication Date: 2018-10-31
    Practice Area: Deals and Transactions | Real Estate
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Donald L. Gouge, Jr. for plaintiffs.
    for defendant: N/A

    Case Number: D68340

    The trial court's decision in favor of sellers was supported by substantial evidence, and buyer failed to establish the elements of fraud.

  • New York Law Journal

    Managing the Key Issues Affecting Hospitality M&A Deals

    October 30, 2018

    In their Hospitality Law column, Todd Soloway and Michelle Pham explore some common issues that arise in M&A negotiations involving hospitality companies and provide guidance for how companies should address the related risks and liabilities.

  • Bank of New York Mellon v. Shrewsbury

    Publication Date: 2018-10-24
    Practice Area: Banking and Finance Laws | Creditors' and Debtors' Rights | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Melanie J. Thompson, Orlans PC, Wilmington, DE, attorney for plaintiff
    for defendant: Cynthia L. Carroll, Cynthia L. Carroll, P.A., Newark, DE, attorney for defendant.

    Case Number: D68326

    Mortgagor's motion for summary judgment denied where debtor raised genuine issues of material fact as to the authenticity of the note in mortgagor's possession, without which mortgagor would lack standing to enforce.

  • Village Green Holding, LLC v. Holtzman

    Publication Date: 2018-10-17
    Practice Area: Corporate Entities | Deals and Transactions
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Richard P. Rollo, Anthony M. Calvano, Courtney A. Carvill, Alan S. Loewinsohn and Kerry Schonwald, attorneys for plaintiffs
    for defendant: Brian E. Farnan , Michael J. Farnan and Marc L. Newman, attorneys for defendants.

    Case Number: D68319

    Plaintiffs were entitled to preliminary injunction precluding defendants from further litigating action in another jurisdiction where parties had valid forum selection clauses conferring exclusive jurisdiction on Delaware.

  • In re: Se. Grocers, LLC

    Publication Date: 2018-09-19
    Practice Area: Bankruptcy
    Industry: Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Walrath
    Attorneys: For plaintiff: Brett Hayward, Daniel J. DeFranceschi, Paul N. Heath, and Amanda R. Steele, Richards, Layton & Finger, P.A., Wilmington, DE; Ray C. Schrock, Matthew S. Barr, John P. Mastando III, and Sunny Singh, Weil, Gotshal & Manges, LLP, New York, NY; Matthre R. Chait and Sean M. Smith, Shutts & Bowen LLP, West Palm Beach, FL, attorneys for debtors
    for defendant: Frank E. Noyes, II, Wilmington, DE; Joyce A. Kuhns, Offit Kurman, P.A., Baltimore, MD, attorneys for objector.

    Case Number: D68288

    Gross sales for calculation of percentage rent included gross revenues generated by ancillary services offered through the store where such services fell within the broad definition of good and services included under gross sales.

  • In re: Culp

    Publication Date: 2018-09-19
    Practice Area: Bankruptcy
    Industry: Insurance | Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Shannon
    Attorneys: For plaintiff: Peter Schaeffer, Jr., Avenue Law, Dover, DE, attorney for debtors
    for defendant: Charles A. Stanziale, Jr., McCarter & English, LLP, Newark, NJ; Matthew J. Rifino and Kate Roggio Buck, McCarter & English, LLP, Wilmington, DE, attorneys for trustee.

    Case Number: D68287

    Homeowners' insurance proceeds were part of property owners' bankruptcy estate because owners owned and were beneficiaries of the insurance policy, received the proceeds, and at all times held at least a contingent or residual interest in the proceeds.

  • Delaware Business Court Insider

    Are Post-Merger Facts Ever Relevant?

    September 12, 2018

    Appraisal litigation is unique under Delaware law. In almost every instance you can think of, once an event provides a right to recover damages (such as a fire caused by negligence), what happens later is relevant to determining the amount of damages.

  • Wilmington - 5190 Brandywine Parkway, LLC v. Acadia Brandywine Holdings, LLC

    Publication Date: 2018-08-15
    Practice Area: Creditors' and Debtors' Rights
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Michael J. Barrie, Stephen M. Ferguson, William M. Alleman, Jr and Helen Gavaris for plaintiff
    for defendant: Philip Trainer, Jr., Andrew D. Cordo, Adam C. Silverstein and Meaghan Millan for defendants.

    Case Number: D68253

    A creditor alleged facts supporting a claim for recourse liability, but resolution of the matter depended upon discovery and further development of the record.