29 May, 2019 Chancery Upholds Austrian Forum Selection Clause By Albert J. Carroll Lewis H. Lazarus Germaninvestments Ag. and Herrling v. Allomet Corporation and Yanchep LLC, C.A. No. 2018-0666-JRS (Del. Ch. May 23, 2019). As this case...
26 May, 2019 How do I obtain a car accident police report in Delaware? By Susan D. Ament Clayton E. Bunting Keith E. Donovan Matthew R. Fogg Wilson A. Gualpa Kevin G. Healy Ross C. Karsnitz Michael G. Owen +5 more... Show less When police are summoned to a car crash, the responding officer talks to those involved, surveys the scene, and completes an accident...
25 May, 2019 Chancery Awards Advancement to Member Under Operating Agreement Provision By Albert H. Manwaring IV Delaware Business Court Insider Delaware corporate law allows for a corporation to agree in its organizational documents or contracts to...
24 May, 2019 Delaware Superior Court CCLD Dismisses Breach of Contract Action for Failure to State a Claim By Lewis H. Lazarus P&TI Acquisition Co. v. Morgenthaler Partners VII, LP, C.A. No. N18C-08-059 AML CCLD (Del. Super. May 9, 2019). Plaintiff P&TI...
23 May, 2019 Chancery Orders Dissolution of Pharmaceutical LLC By Jonathan G. Strauss Albert J. Carroll Acela Investments LLC v. DiFalco, C.A. No. 2018-0558-AGB (Del. Ch. May 17, 2019). Because LLCs are “creatures of contract” and the policy...
19 May, 2019 Court Upholds Allegedly Unfair Master Limited Partnership Transaction By Lewis H. Lazarus When alternative entities first came into prominence, questions arose concerning the applicability to them and their stakeholders of...
17 May, 2019 Chancery Adopts Narrow Interpretation of the Computer Fraud and Abuse Act By Albert H. Manwaring IV Albert J. Carroll AlixPartners LLP v. Benichou, C.A. No. 2018-0600-KSJM (Del. Ch. May 10, 2019). The federal Computer Fraud and Abuse Act (“CFAA”) carries...
15 May, 2019 John Newcomer, Authors Timely Article on the Tax Benefits of Delaware's Opportunity Zones By John H. Newcomer Jr. As part of the Tax Cuts and Jobs Act passed at the end of 2017, Congress provided new tax benefits for investments in designated...
15 May, 2019 Lewis Lazarus Co-Moderates DSBA’s Corporation Law Council’s Annual CLE on “Hot Topics in Delaware Corporate Law” By Lewis H. Lazarus Lewis H. Lazarus will co-moderate a panel of a member of the Delaware Supreme Court and outstanding litigators and transactional...
14 May, 2019 Superior Court CCLD Holds Settlements Arising out of Dole Stockholder Litigations Constitute “Loss” Under Insurance Policies By P. Clarkson Collins Jr. Arch Insurance Co. v. Murdock, C.A. No. N16C-01-104 (EMD)(CCLD) (Del. Super. May 7, 2019). After trial and an adverse judgment in the...
14 May, 2019 Mike Owen Presents at The Vincent A. Bifferato Superior Court Trial Practice Forum By Michael G. Owen Mike Owen presents "How Jurors Deliberate" at the 2019 Vincent A. Bifferato Superior Court Trial Practice Forum. The Bifferato Trial...
13 May, 2019 What Is Comparative Negligence? By Susan D. Ament Clayton E. Bunting Keith E. Donovan Matthew R. Fogg Wilson A. Gualpa Kevin G. Healy Ross C. Karsnitz Michael G. Owen +5 more... Show less Comparative negligence is a legal doctrine that can be used to the advantage of both the plaintiff and defendant in personal injury...
09 May, 2019 Chancery Addresses Valuation Issues Arising From LLC Member’s Withdrawal By R. Eric Hacker Albert J. Carroll Smith v. Promontory Financial Group, LLC, C.A. No. 11255-VCG (Del. Ch. April 30, 2019). In the limited liability company context, LLC...
09 May, 2019 Delaware Supreme Court Overturns Nominal Damages Award and Explains the “Efficient Breach” Theory By Bryan Townsend Albert J. Carroll Leaf Invenergy Co. v. Invenergy Renewables LLC, No. 308, 2018 (Del. May 2, 2019). Limited Delaware case law exists on the “efficient...
09 May, 2019 Delaware Superior Court Ruling Provides Guidance for Pre-Trial Motion Practice and Trial Preparation By Bryan Townsend In re Bracket Holding Corp. Litig., Consol. C.A. No. N15C-02-233 WCC CCLD. In this decision arising out of the Defendants’ Motions in...
09 May, 2019 The Role of Directors in M&A Transactions: Special Committees By Lewis H. Lazarus American Bar Association Lewis Lazarus, Chair of the firm's Corporate and Commercial Litigation Group, coauthored the chapter on special...