28 May, 2024 Chancery Allows Claims to Proceed Against Stockholder Subjecting It to Entire Fairness Review By P. Clarkson Collins Jr. Delaware Business Court Insider An “allegation that a transaction involves a controlling stockholder who stands on both sides is a...
14 May, 2024 Court of Chancery Grants Special Litigation Committee’s Dismissal of 'Carvana' Derivative Action By Albert J. Carroll Delaware Business Court Insider Boards of Delaware corporations control the company’s assets, which includes by default derivative claims...
10 Apr, 2024 Chancery Dismisses Derivative Action Based on Plaintiff’s Failure to Allege Particularized Facts Demonstrating Demand Futility By Lewis H. Lazarus Delaware Business Court Insider The power to bring a claim for breach of duty causing injury to a Delaware corporation resides with the...
05 Apr, 2024 Bankruptcy Courts' Role In Shaping Crypto's Legal Framework By Eric J. Monzo Tara Pakrouh Law360 Cryptocurrency is in the media's spotlight and the U.S. Securities and Exchange Commission's crosshairs. After the spectacular...
01 Mar, 2024 Delaware Supreme Court Denies MFW Protection Due to Committee’s Financial and Legal Advisors’ Undisclosed Ties with Controlling Stockholder By K. Tyler O'Connell ABA Business Law Today (BLT) Under Kahn v. M&F Worldwide Corp., 88 A.3d 635 (Del. 2014) (“MFW”) and its progeny, controlling stockholder...
01 Mar, 2024 Delaware Court of Chancery Grants Zapata Special Litigation Committee’s Motion to Dismiss Claims against Carvana’s Controlling Stockholders By K. Tyler O'Connell ABA Business Law Today (BLT) In In re Carvana Co. S’holders Litig., ___ A.3d ___, 2024 WL 1300199 (Del. Ch. Mar. 27, 2024), the Delaware...
01 Mar, 2024 A.I. Enthusiasm May Outpace Current Application, But Not For Long By Joseph C. Leonard DSBA : The Bar Journal The topic of Artificial Intelligence dominated both the popular and professional landscapes for the last year,...
01 Mar, 2024 Del. Court of Chancery Orders Rescission of Musk’s $55.8B Tesla Compensation Plan By K. Tyler O'Connell ABA Business Law Today (BLT) Tornetta v. Musk, C.A. No. 2018-0408-KSJM, 2024 WL 343699 (Del. Ch. Jan. 30, 2024). In both 2009 and 2012,...
12 Feb, 2024 The Role of Ethics When Serving as an Expert or Legal Pundit By Eric J. Monzo American Bar Association - After the Bar Ethics are moral principles that govern a person’s behavior or activity. Lawyers are expected to...
07 Feb, 2024 Icahn Stockholders Not Entitled to Privileged Info Based on Stockholders' Nomination and Employment Relationship With Company Director By Albert H. Manwaring IV Delaware Business Court Insider To fulfill their fiduciary duties to oversee and properly manage a corporation governed by the Delaware...
02 Jan, 2024 Cybersecurity THREATS, RESPONSE, AND SOLUTIONS By Joseph C. Leonard DSBA Bar Journal Cyber-attacks become more common with each passing year, and the increased number of attacks means more protected data...
15 Dec, 2023 Claw-Back Litigation in FTX Bankruptcy FAQs By Eric J. Monzo What are the FTX bankruptcy cases? FTX Trading Ltd. and FTX.US, together generally known as FTX, operated a successful cryptocurrency...
13 Sep, 2023 Court of Chancery Sustains Derivative Complaint Based on Allegations That the Board Acted in Bad Faith By Lewis H. Lazarus Delaware Business Court Insider Delaware’s demand futility analysis for derivative claims is designed to prevent stockholders from...
08 Aug, 2023 The Supreme Court Finds Foreign Award Creditor Can Bring Claims under RICO to Enforce Award By K. Tyler O'Connell Business Law Today On June 22, 2023, the Supreme Court issued a 6–3 opinion in Yegiazaryan v. Smagin, holding that a foreign award...
09 Feb, 2023 Delaware Corporate and Commercial Case Law Year in Review By Lewis H. Lazarus Albert H. Manwaring IV Albert J. Carroll Aubrey Morin +1 more... Show less This top ten list summarizes significant decisions of the Delaware Supreme Court and the Delaware Court of Chancery over the past...
09 Feb, 2023 Delaware Corporate and Commercial Case Law Year in Review By Albert J. Carroll Lewis H. Lazarus Albert H. Manwaring IV This top ten list summarizes significant decisions of the Delaware Supreme Court and the Delaware Court of Chancery over the past...