Delaware Business Court Insider
By Sarah Delia | May 24, 2023
Corporate boards and investors alike will benefit from an understanding of the principles articulated in this ruling, as well as from careful consideration of the steps that can be taken to alter the joint client rule or to guard against a privilege waiver resulting from the production and use of privileged information in litigation.
6 minute read
By Heather Woods | May 8, 2023
All lawyers should be mindful of this recent shift, especially those whose practice involves advising on corporate conduct and misconduct, including those admitted to practice in Florida—given the significant number of Florida companies registered in Delaware and Florida's legal history of following Delaware precedent.
7 minute read
By Chris O'Malley | May 3, 2023
"Give me a break. If Coke can't be held to an advance waiver, why would anyone honor an advance waiver?" said Michael McCabe Jr., managing partner of McCabe & Ali.
6 minute read
By Chris O'Malley | Greg Andrews | May 3, 2023
"Give me a break. If Coke can't be held to an advance waiver, why would anyone honor an advance waiver?" said Michael McCabe Jr., managing partner of McCabe & Ali.
6 minute read
Delaware Business Court Insider
By Mark E. Felger and Simon E. Fraser | May 3, 2023
The Delaware bankruptcy court ruled that a plaintiff need not explicitly plead its "due diligence" in investigating its preference cause of action. Rather, a general allegation under Federal Rule of Civil Procedure 9(c) that "all conditions precedent have occurred" suffices.
6 minute read
By Hugo Guzman | April 28, 2023
"Coke cannot reasonably claim that the fully informed consent it gave through one of its own in-house lawyers is invalid," Davis Polk & Wardwell attorneys representing Paul Hastings said in a court filing.
3 minute read
By Hugo Guzman | Greg Andrews | April 28, 2023
"Coke cannot reasonably claim that the fully informed consent it gave through one of its own in-house lawyers is invalid," Davis Polk & Wardwell attorneys representing Paul Hastings said in a court filing.
3 minute read
By Cedra Mayfield | April 25, 2023
The lawyer's counsel said his career had been "built on speaking truth to power" but that "some people despise him for that."
6 minute read
Delaware Business Court Insider
By Sean M. Brennecke | April 19, 2023
In In re Dissolution of T&S Hardwoods KD, Vice Chancellor Morgan T. Zurn provided helpful guidance on what must be alleged to satisfy that test for purposes of overcoming a motion to dismiss.
7 minute read
Delaware Business Court Insider
By Elizabeth A. Sloan | April 19, 2023
In the 120-page opinion for In re Mindbody, Chancellor Kathaleen McCormick throws shade on Corwin, finding Mindbody's sales process run by Richard Stollmeyer—founder and then-CEO—was not cleansed by Corwin and holding him and Mindbody's private equity acquirer, Vista Equity Partners, liable.
8 minute read
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