31 Jan, 2024 Chancery Denies Advancement for Director Suspected of Leaking Confidential Financial Information By Lewis H. Lazarus Bryan Townsend K. Tyler O'Connell Hoffman v. First Wave BioPharma, Inc., C.A. No. 2023-0097-MTZ (Del. Ch. September 27, 2023) A company's board of directors suspected one...
31 Jan, 2024 Supreme Court Upholds Contractual Voidness Provision in LLC Agreement By Barnaby Grzaslewicz Albert J. Carroll Holifield v. XRI Investment Holdings, LLC, No. 407, 2022 (Del. Sept. 7, 2023) This decision concerned the disputed transfer of a member's...
31 Jan, 2024 Morris James Leads in Debtwire's 2023 Year-End Rankings By Siena Cerra Brya M. Keilson Jason S. Levin Eric J. Monzo Jeffrey R. Waxman +2 more... Show less Morris James' Bankruptcy & Restructuring Department is again the busiest local counsel to Official Committees of Unsecured Creditors,...
27 Jan, 2024 Bankruptcy in Mass Tort Litigation FAQs By Morris James LLP 1. What role does bankruptcy play in mass tort litigation? Bankruptcy can serve as a mechanism for companies to consolidate and manage...
26 Jan, 2024 Third Circuit’s Appointment of Examiner in FTX Bankruptcy Cases, Potential Impact By Tara Pakrouh Eric J. Monzo Brya M. Keilson In February 2023, the Bankruptcy Court for the District of Delaware ruled that the appointment of an examiner under Section 1104(c)(2) of...
24 Jan, 2024 Construction Accidents FAQs By Matthew R. Fogg Kevin G. Healy Ross C. Karsnitz 1. What is a construction accident lawsuit? A construction accident lawsuit is a legal claim made by someone who has been injured on a...
23 Jan, 2024 Spoliation of Email and Texts Leads to Adverse Inferences and Fee Shifting By Joseph C. Leonard K. Tyler O'Connell Gener8 LLC v. Castanon, 2022-0246-LWW (Del. Ch. Sept. 29, 2023) This dispute concerned a non-compete agreement that the plaintiffs...
18 Jan, 2024 Chancery Upholds Removal of Board Members By Albert J. Carroll Barbey v. Cerego, Inc., C.A. No. 2022-0107-PAF (Del. Ch. Sept. 29, 2023) This decision considered the proper constitution of the board of...
17 Jan, 2024 Chancery Denies Specific Performance in De-SPAC Transaction Based on Difficulty of Enforcement and Plaintiff’s Inequitable Conduct By Albert H. Manwaring IV Samuel Bashman Albert J. Carroll 26 Capital Acquisition Corp. v. Tiger Resort Asia Ltd., CA No. 2023-0128-JTL (Del. Ch. September 7, 2023) Even where the parties have...
17 Jan, 2024 Chancery Upholds Written Consent Based on Signer’s Sophistication and Opportunity to Inspect By Samuel Bashman Albert J. Carroll Albert H. Manwaring IV REM OA Holdings LLC v. Northern Gold Holdings LLC, C.A. No. 2022-0582-LWW (Del. Ch. Sep. 20, 2023) Delaware is a contractarian state and...
11 Jan, 2024 Morris James Welcomes Michelle Spitelli as Director of Human Resources By Sherry A. Leary CLM Michelle R. Spitelli Morris James welcomes Michelle Spitelli to the firm as the Director of Human Resources, effective January 15, 2024. Michelle will greatly...
10 Jan, 2024 Chancery Finds Defendant Officer Usurped Corporate Opportunity for His Own Competing Venture By Albert H. Manwaring IV Samuel Bashman K. Tyler O'Connell Sorrento Therapeutics, Inc. v. Mack, C.A. No. 2021-0210-PAF (Del. Ch. September 1, 2023) Under the corporate opportunity doctrine, an...
10 Jan, 2024 Chancery Refuses to Impose Additional Conditions on Voluntary Dismissal of Claims Subject to Advancement By Albert J. Carroll R. Eric Hacker Albert H. Manwaring IV Sal Gilbertie, et al. v. Dale Riker, et al., C.A. No. 2020-1018-LWW (Del. Ch.) The Delaware Court of Chancery frequently hears...
09 Jan, 2024 How to File a Camp Lejeune Water Contamination Claim By Keith E. Donovan Matthew R. Fogg Ryan T. Keating Joshua H. Meyeroff Michael G. Owen Justin K. Weeks +3 more... Show less Military veterans, civilian workers, and their family members who lived on or worked at Camp Lejeune during the period August 1953 to...
09 Jan, 2024 Chancery Refuses to Enforce Nationwide Noncompete By Albert J. Carroll Sarah Ennis Centurion Service Group, LLC v. Wilensky, C.A. No. 2023-0422-MTZ (Del. Ch. Aug. 31, 2023)In Frontline Techs Parent LLC v. Murphy, C.A....
08 Jan, 2024 Chancery Limits Section 220 Books-and-Records Production to Formal Board Materials By Albert J. Carroll Barnaby Grzaslewicz In re Zendesk, Inc. Section 220 Litigation, C.A. No. 2023-0454-BWD (Del. Ch. Aug. 25, 2023)The background of this books-and-records...