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Delaware Business Court Insider

Chancery Court Emphasizes Nexus Between Unclean Hands Defense and Asserted Claims

In Pilot v. Greg Abel, Vice Chancellor Morgan T. Zurn granted a motion to strike the defenses of unclean hands and in pari delicto because the defenses lacked a sufficient nexus to the contractual claims asserted by the plaintiff.
8 minute read

Delaware Business Court Insider

Zurn Declines to Weigh In on Truth Social Forum and Rushing Stock Lockup Lift

The Vice Chancellor said won't speed its consideration of a motion that could lift restrictions on shares of Trump Media & Technology Group Corp.
4 minute read

The Legal Intelligencer

Considerations in Conducting Tax Due Diligence in Business Acquisitions

Details of diligence engagements vary depending on the size and complexity of the target business, transaction budget, and the sophistication of accountants and other advisers, but they are usually intricate and time-sensitive. Errors can result in substantial tax liability and exposure. This article focuses on federal income tax aspects of tax due diligence from the perspective of purchasers' attorneys.
6 minute read

Delaware Business Court Insider

Closing 'Unacceptable Loopholes': How Sex Abuse Claimants Could Gain Power in Chapter 11 Bankruptcies

The Boy Scouts of America, which filed for Chapter 11 in the District of Delaware in February 2020 and has since had a reorganization plan confirmed, faced more abuse claims than had been brought in any bankruptcy case before. A new bill in Congress would address such cases.
4 minute read

Law.com

Two Federal Courts Side With Otis Elevator Co. in Hotel Lift Malfunction Lawsuits

In separate rulings by the U.S. Court of Appeals for the First Circuit and the Eastern District of Virginia, both judges ruled in favor of Otis Elevator Co. after the plaintiffs in each suit were injured in hotel elevators and attempted to hold the company accountable for negligence.
6 minute read

The Legal Intelligencer

When Advocacy Turns Into Obstruction: A Cautionary Tale for Corporate Counsel Handling Gov't Investigations

Corporate counsel must understand the difference between advocacy and obstruction when facing government investigations.
7 minute read

Delaware Business Court Insider

Profit With Purpose: Exploring the Power of Delaware Public Benefit Corporations

In this article, we have focused on entities available under Delaware law. Delaware public benefit corporations (PBCs) emerged in 2013 and have become especially popular as a result of the increased demand for socially conscious business practices, combined with the familiar reliability of Delaware corporate law.
6 minute read

Corporate Counsel

Better, Stronger, Faster—DOJ's Approach to Cooperation and Remediation Under the Revised Corporate Enforcement and Voluntary Self-Disclosure Policy

The DOJ has raised the bar in terms of what it takes to earn the increased benefits available under the revised policy. This article summarizes the main revisions to the policy and draws lessons learned from the outcomes of negotiated corporate resolutions concluded since its adoption to inform the thinking of in-house teams whether they engage with the department proactively or reactively regarding potential criminal wrongdoing.
8 minute read

Law.com

Judge Sides With Sanofi, Dismissing Patient's Claims Against Cancer Medication Taxotere

The plaintiff sought to file an amended complaint, which would replace her short form complaint that defines "Permanent Chemotherapy Induced Alopecia," using identical language in which the multidistrict litigation court previously rejected. Chief U.S. District Judge Michael F. Urbanski rejected the plaintiff's request and agreed with Sanofi as to each of the plaintiff's claims.
4 minute read

The Recorder

Shareholder Suit: Meta, Mark Zuckerberg Accused of Keeping Status Quo Despite Increased Presence of Online Child Sexual Predators

This case was first surfaced by Law.com Radar, ALM's source for immediate alerting on just filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be among the first to know about new suits in your region, practice area or client sector.
3 minute read

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