29 Apr, 2020 Delaware Court of Chancery Declares Board Action Void, Finding Corporate Directors Deceived Other Board Members into Attending Board Meeting By K. Tyler O'Connell Palisades Growth Capital II, L.P. v. Bäcker, C.A. No. 2019-0931-JRS (Del. Ch. Mar. 26, 2020). In keeping with longstanding Delaware...
28 Apr, 2020 Partner Eric Monzo Discusses First Delaware Bankruptcy Court Remote Hearing with the Wall Street Journal By Eric J. Monzo The Wall Street Journal As the spread of COVID-19 continues to change business and law firm operations, Morris James LLP attorneys have...
28 Apr, 2020 LLC May Not Reverse Decision to Enter into Contractual Call Option Buyout Process with Members By Lewis H. Lazarus K. Tyler O'Connell Walsh v. White House Post Productions, LLC, C.A. No. 2019-0419-KSJM (Del. Ch. Mar. 25, 2020). Parties to LLC agreements often provide...
27 Apr, 2020 Chancery Shifts Attorneys’ Fees Under Bad-Faith Exception Based on False Statements in Plaintiff’s Complaint and Obstruction of Discovery By Albert J. Carroll Albert H. Manwaring IV Bryan Townsend Bay Capital Finance, L.L.C. v. Barnes and Noble Education, Inc., C.A. No. 2019-0539-KSJM (Del. Ch. Mar. 30, 2020). With some limited...
27 Apr, 2020 Chancery Enforces LLC Agreement Arbitration Clause and Finds that Member’s Resignation Did Not Prevent Enforcement By Jonathan G. Strauss K. Tyler O'Connell 360 Campaign Consulting, LLC v. Diversity Communication, LLC, C.A. No. 2019-0807-MTZ (Del. Ch. Mar. 20, 2020). Following a dispute...
24 Apr, 2020 Limited Liability Company & Partnership Answer Book, Fourth Edition Wolters Kluwer, 2020 By Shannon S. Frazier Jonathan G. Strauss Limited Liability Company & Partnership Answer Book Partners Shannon Frazier and Johnathan Strauss, of the firm's Business Transactions,...
24 Apr, 2020 Chambers USA Recognizes 12 Morris James Attorneys and 4 Practice Areas By P. Clarkson Collins Jr. Kenneth L. Dorsney A. Kimberly Hoffman Carl "Chuck" N. Kunz III Lewis H. Lazarus James H. McMackin III Stephen M. Miller Eric J. Monzo John H. Newcomer Jr. Jeffrey R. Waxman +7 more... Show less Chambers USA Morris James LLP is again recognized as a top Delaware law firm in the Chambers USA Guide to America’s Leading Lawyers for...
24 Apr, 2020 Delaware Supreme Court Holds that Federal Forum Selection Clauses for Securities Cases Are Valid in Delaware Corporate Charters By K. Tyler O'Connell Salzberg v Sciabacucchi, No. 346, 2019 (Del. Mar. 18, 2020). Reversing the Court of Chancery, the Delaware Supreme Court has concluded...
23 Apr, 2020 Chancery Finds the Common Interest Doctrine Shields Communications Between a Bankruptcy Litigation Trust and its Largest Unsecured Creditor By Albert H. Manwaring IV Bryan Townsend Albert J. Carroll RCS Creditor Trust v. Schorsch, C.A. No. 2017-0178-SG (Del. Ch. Mar. 20, 2020). The common interest doctrine shields communications with...
23 Apr, 2020 Chancery Denies Non-Member, Non-Manager’s Bid for Equitable Dissolution of LLC By R. Eric Hacker K. Tyler O'Connell SolarReserve CSP Holdings, LLC v. Tonopah Solar Energy, LLC, C.A. 2019-0791-JRS (Del. Ch. Mar. 18, 2020). While the Court of Chancery...
16 Apr, 2020 Delaware Supreme Court Finds Limited Liability Partnership Agreement Chose the “Aggregate Model” and Partner Withdrawal Caused Dissolution By Lewis H. Lazarus K. Tyler O'Connell United States v. Sanofi-Aventis U.S. LLC, No. 256, 2019 (Del. Mar. 17, 2020). In this case, the Delaware Supreme Court answered three...
15 Apr, 2020 The Court of Chancery Dismisses Effort to Plead Around Rule 23 in CEO's Attempt to Escape Alleged Oversight Failures By P. Clarkson Collins Jr. Delaware Business Court Insider Judges and commentators frequently characterize Caremark claims (claims seeking to hold directors liable...
15 Apr, 2020 The Court of Chancery Dismisses Effort to Plead Around Rule 23 in CEO's Attempt to Escape Alleged Oversight Failures By P. Clarkson Collins Jr. Judges and commentators frequently characterize Caremark claims (claims seeking to hold directors liable for damages resulting from...
15 Apr, 2020 Are truck accident cases the same as car accident cases? 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 No. Though there are some similarities between car and truck crashes, when it comes to personal injury litigation, these two types of...
11 Apr, 2020 April 10 COVID-19 Tax Update By Bruce W. Tigani IRS Retroactively Extends Additional Filing and Payment Deadlines to July 15 in Notice 2020-23 This Notice expands upon the relief...
07 Apr, 2020 Chancery Denies Fees to Stockholder who Compelled Admittedly-Overdue Annual Meeting, But Primarily for his Own Interest in Forcing a Buyout By R. Eric Hacker K. Tyler O'Connell Martin v. Harbor Diversified, Inc., C.A. 2018-0762 SG (Del. Ch. Feb. 5, 2020). A plaintiff who achieves a corporate benefit for the...