Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | September 4, 2019
Judge Calvin Scott denied a motion for judgment on the pleadings on the grounds that the defendant's proffered interpretation of a liability limitation provision in a master service agreement was unreasonable.
Delaware Business Court Insider | Analysis
By Margaret A. Dale and Mark D. Harris | August 13, 2019
Mark D. Harris and Margaret A. Dale discuss a recent opinion issued by the U.S. Bankruptcy Court for the District of Delaware, which held that a liquidation trustee who brought claims initially raised in an adversary proceeding by an unsecured creditors committee did not have standing to assert derivative claims on behalf of the debtor. The ruling raises a number of questions, which the authors address.
By Alaina Lancaster | August 2, 2019
The motion asks U.S. District Judge Haywood Gilliam Jr. to dismiss a complaint in the Superior Court of the State of California on the same grounds that he threw out claims in a district court case earlier this year.
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Chauna A. Abner | July 10, 2019
In Sider, Vice Chancellor Kathaleen McCormick rejected the request for interlocutory review, reasoning that the defendant could not establish one of the elements of the interlocutory appeal standard: “that there is no just reason for denying the appeal.”
Delaware Business Court Insider | Commentary
By Julie B. Palley | July 10, 2019
The entire fairness standard requires directors to demonstrate that both the amount of compensation and the process by which the compensation is determined is “entirely fair” to the company.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | July 3, 2019
In Shareholder Representative Services v. RSI Holdco, Vice Chancellor Kathleen McCormick addressed the question of when a buyer may use the acquired company's privileged, pre-merger attorney-client communications in post-closing litigation against the seller?
Delaware Business Court Insider | Commentary
By Michael R. Lastowski | June 19, 2019
Fee shifting is always the exception, rather than the rule, and a party may reasonably expect that each party will bear its own costs. In receivership actions, the receivership will usually bear its own costs.
Delaware Business Court Insider | Commentary
By Robert B. Greco | June 12, 2019
In Stein v. Blankfein, the Delaware Court of Chancery issued one of its first opinions addressing director compensation following the Delaware Supreme Court's ruling in In re Investors Bancorp Stockholder Litigation.
Delaware Business Court Insider | Commentary
By Ellis E. Herington and Douglass Herrmann | May 29, 2019
Delaware courts will enforce the terms of well-drafted, unambiguous contracts. Clearly communicating and memorializing parties' expectations in the terms of their contract puts parties in the best position possible to have their expectations enforced and receive the benefit of their bargain.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | May 8, 2019
Until recently, there were no cases definitively addressing the scope of Section 18-111's fifth jurisdictional category.
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