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June 21, 2023 | National Law Journal

Conservative Justices Cast Constitutional Cloud Over False Claims Act Decision

Justices Thomas, Barrett and Kavanaugh suggest the law combatting fraudulent billing of the government violates executive-branch authority.
7 minute read
June 09, 2023 | Delaware Business Court Insider

'They Could Be Penalized': FTX Bankruptcy to Remain in Delaware Control With Customer Names Sealed

U.S. Bankruptcy Judge John T. Dorsey of the District of Delaware said at the end of a hearing Friday that the decision is consistent with his goal of prioritizing creditors as the Chapter 11 process continues.
3 minute read
June 08, 2023 | Delaware Business Court Insider

FTX Liquidators Say US Bankruptcy Court Needs to Work Alongside Bahamas in Weighing Assets

Liquidators said ssues with identifying FTX assets are governed by the laws of the Bahamas, England, and Antigua and Barbuda, and need to be addressed before the company is wound down.
3 minute read
June 06, 2023 | New York Law Journal

Informal Severance Pay Plans: Legal Standards and Suggestions

In this article, contributor Nicholas J. Pappas, discusses the legal standards courts apply in deciding whether an employer's past practice of providing severance pay establishes an ERISA plan, and we offer practical suggestions for employers considering layoffs to mitigate the risk of unexpected liability for severance.
10 minute read
Appellate Division, Second Department: June 2, 2023
Publication Date: 2023-06-02
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Handdown List released on: May 31, 2023

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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May 30, 2023 | Delaware Law Weekly

Dispute Over Examiner in FTX Bankruptcy Sent Directly to Third Circuit for Resolution

It's a clash between the FTX companies, which secured a favorable ruling in February when U.S. Bankruptcy Court Judge John T. Dorsey ruled from the bench that the case doesn't require multiple investigations, and the U.S. Trustee's Office, which has consistently said the matter needs an investigator further removed from FTX.
3 minute read
Kokorich v. Momentus Inc.
Publication Date: 2023-05-30
Practice Area: Contracts
Industry: Aerospace
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys:
For plaintiff: Eric Lopez Schnabel, Alessandra Glorioso, Dorsey & Whitney LLP, Wilmington, DE; Benjamin D. Greenberg, Todd S. Fairchild, Dorsey & Whitney LLP, Seattle, WA for plaintiff.
For defendant: Joseph L. Christensen, Meghan M. Dougherty, Christensen & Dougherty LLP, Wilmington, DE; Perrie M. Weiner, Aaron T. Goodman, Baker & McKenzie LLP, Los Angeles, CA; Peter P. Tomczak, Michael D. Lehrman, Baker & McKenzie LLP, Chicago, IL for defendant.
Case number: 2022-0722-MTZ

Company founder and former CEO was not entitled to indemnification/advancement from company pursuant to corporate agreements and bylaws where founder had broadly released any claims he had against the company in a stock repurchase agreement, nor was he entitled to statutory indemnification since he had not been successful on the merits of any related legal actions.

In re VG Liquidation, Inc.
Publication Date: 2023-05-30
Practice Area: Bankruptcy
Industry: Federal Government
Court: U.S. Bankruptcy Court
Judge: Judge Dorsey
Attorneys:
For plaintiff:
For defendant:
Case number: 18-11120 (JTD)

Refund of excess fees paid to United States Trustee program, pursuant to statute later deemed unconstitutional, was the appropriate remedy for the harm suffered by debtors.

May 25, 2023 | Law.com

The Law Firm Disrupted: What Extreme Profit Margins Tell Us About the Am Law 200

The Second Hundred is home to some outliers with distinct business models that aren't about to be seen in the Am Law 100 anytime soon.
5 minute read
City of Coral Springs Police Officers' Pension Plan v. Dorsey
Publication Date: 2023-05-23
Practice Area: Mergers and Acquisitions
Industry: Financial Services and Banking | E-Commerce | Entertainment and Leisure
Court: Court of Chancery
Judge: Chancellor McCormick
Attorneys:
For plaintiff: Thomas Curry, Tayler D. Bolton, Saxena White P.A., Wilmington, DE; David Wales, Sara DiLeo, Saxena White P.A., White Plains, NY; Adam Warden, Jonathan Lamet, Saxena White P.A., Boca Raton, FL for plaintiff.
For defendant: Raymond J. DiCamillo, Kevin M. Gallagher, Richards, Layton & Finger, P.A., Wilmington, DE; Colin B. Davis, Katie Beaudin, Gibson Dunn & Crutcher LLP, Irvine, CA; Brian M. Lutz, Gibson Dunn & Crutcher LLP, San Francisco, CA; Lissa M. Percopo, Gibson Dunn & Crutcher LLP, Washington, DC for defendants.
Case number: 2022-0091-KSJM

Stockholder failed to plead demand futility where transaction committee who approved acquisition of failing company did not act in bad faith and therefore would not be subject to a substantial risk of personal liability for the acquisition.

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