26 Oct, 2022 Delaware Today "Top Lawyers" Recognizes 46 Morris James Lawyers By Morris James LLP 46 Attorneys Across 20 Practices Morris James proudly congratulates 46 MJ Attorneys for receiving the recognition as a 2023 Delaware...
26 Oct, 2022 A Proposal to Permit Equitable Defenses to Noncompliant Acts That Are Described as 'Void' in an LLC Agreement By Albert H. Manwaring IV Delaware Business Court Insider In CompoSecure v. CardUX, 206 A.3d 808 (Del. 2018), the Delaware Supreme Court held that when parties use...
21 Oct, 2022 Does Delaware have Laws about Dog Bites or Dangerous Dogs? 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 Delaware has detailed laws about proper restraint of a dog, an owner’s liability for dog attacks, and dangerous dogs. This article...
17 Oct, 2022 Morris James Donates to Music Happens Project By Kenneth L. Dorsney Cortlan S. Hitch Music Happens Project is a 501(c)3 nonprofit organization to help foster programs, subsidies, and financial programs for struggling...
17 Oct, 2022 Chancery Finds That Stockholder’s Broad Section 220 Demand Lacked The Precision By K. Tyler O'Connell Barnaby Grzaslewicz Oklahoma Firefighters Pension & Ret. Sys. v. Amazon.com, Inc., C.A. No. 2021-0484-LLW (Del. Ch. June 1, 2022) In reviewing the propriety...
13 Oct, 2022 Chancery Denies Bid to Dismiss Derivative Claims Amid Alleged “Gamesmanship” Regarding Composition of LLC’s Board of Managers By Lewis H. Lazarus R. Eric Hacker Albert J. Carroll Schoenmann v. Irvin, C.A. 2021-0326-SG (Del. Ch. Jun. 2, 2022) After the plaintiff filed his direct and derivative claims in April 2021,...
13 Oct, 2022 Chancery Holds That Requests for Admission Are Subject to Discovery Deadlines By Albert J. Carroll Joseph C. Leonard NetApp, Inc. v. Cinelli, Inc., C.A. No. 2020-1000-LWW (Del. Ch. June 3, 2022) This decision clarifies discovery deadlines under the Court...
13 Oct, 2022 Superior Court Upholds Highly Confidential Designations in Discovery By Albert J. Carroll Joseph C. Leonard Surf’s Up Legacy Partners, LLC v. Virgin Fest, LLC, C.A. No. 19C-11-92 (Del. Super. June 6, 2022)Delaware courts generally do not permit...
10 Oct, 2022 Chancery Dismisses Claims Seeking to Unwind Secondary Transactions that Allegedly Jeopardized Recovery for Primary Fraudulent Transfers By Albert H. Manwaring IV Bryan Townsend Albert J. Carroll Burkhart v. Genworth Fin., Inc., C.A. No. 2018-0691-JRS (Del. Ch. May 10, 2022) The plaintiffs were a putative class of policyholders and...
10 Oct, 2022 Chancery Dismisses Caremark Claim Against Energy Company Alleging Failure of Board Oversight Related to Fatal Pipeline Explosion By Albert J. Carroll Kirsten A. Zeberkiewicz City of Detroit Police and Fire Retirement System v. Hamrock, C.A. No. 2021-0370-KSJM (Del. Ch. June 30, 2022) Stockholder plaintiff...
10 Oct, 2022 Delaware Supreme Court Explains Appraisal Rights and Finds Disclosure Violation Relating to Pre-Closing Dividend Contingent on a Merger By Albert J. Carroll Samuel Bashman In re GGP, Inc. Stockholder Litig., C.A. No. 2018-0267 (Del. July 19, 2022)Here, the defendants organized a merger so that a large...
10 Oct, 2022 Delaware Supreme Court Enforces Class Vote Requirement, Reasons There Is No Insolvency Exception to Section 271 Of Delaware General Corporation Law By K. Tyler O'Connell Barnaby Grzaslewicz Stream TV Networks, Inc. v. SeeCubic, Inc., No. 360, 2021 (Del. June 15, 2022)Section 271 of the Delaware General Corporation Law...
10 Oct, 2022 Court of Chancery Holds That Alleged Disclosure Violations Were Insufficient To Rebut Corwin Protections Of A Fully Informed Stockholder Vote By K. Tyler O'Connell Barnaby Grzaslewicz Teamster Members Ret. Plan v. Randall S. Dearth et al., C.A. No. 2020-0807-MTZ (Del. Ch. May 31, 2022) Under the Supreme Court’s decision...
10 Oct, 2022 Chancery Upholds Brophy Claim and Finds Post-Merger Direct Standing Based On Process Challenge By Samuel Bashman Albert J. Carroll Goldstein v. Denner, C.A. No. 2020-1061-JTL (Del. Ch. June 2, 2022) This motion to dismiss decision upholds a Brophy claim against an...
07 Oct, 2022 Serious Injuries FAQs By Susan D. Ament W. Christopher Componovo Keith E. Donovan Matthew R. Fogg Wilson A. Gualpa Kevin G. Healy Ross C. Karsnitz Michael G. Owen Justin K. Weeks +6 more... Show less Serious or catastrophic injuries have long-lasting and life-changing consequences for victims. If you or your loved one has suffered a...
04 Oct, 2022 Chancery Addresses Entitlement to Indemnification By Albert J. Carroll Kirsten A. Zeberkiewicz Evans v. Avande, Inc., C.A. No. 2018-0454-LWW (Del. Ch. June 9, 2022) This decision highlights the need for a nexus between legal...