Cryptocurrency is in the media's spotlight and the U.S. Securities and Exchange Commission's crosshairs. After the spectacular demise of FTX Trading Ltd. and other cryptocurrency companies, custo...
https://www.jdsupra.com/legalnews/bankruptcy-courts-role-in-shaping-5236307/
Principal Growth Strategies LLC v. AGH Parent LLC, C.A. 2019-0431-JTL (Del. Ch. January 25, 2023) - This decision provides helpful guidance to practitioners to address pleading-stage arguments fo...
https://www.jdsupra.com/legalnews/chancery-addresses-pleading-stage-3783838/
In re Sears Hometown and Outlet Stores, Inc. S’holder Litig., C.A. No. 2019-0798-JTL (Del. Ch. Jan. 24, 2024) - Here, a special committee of the board supported a plan to liquidate the company�...
https://www.jdsupra.com/legalnews/chancery-clarifies-controlling-2624194/
DiDonato v. Campus Eye Management, LLC, C.A. No. 2023-0671-LWW (Del. Ch. Jan. 31, 2024) - In governance disputes among LLC constituencies, the operating agreement is the beginning and often end p...
https://www.jdsupra.com/legalnews/chancery-finds-amendment-to-llc-2793219/
Segway Inc. v. Hong Cai, C.A. No. 2022-1110-LWW (Del. Ch. Ct. Dec. 14, 2023) - The Caremark doctrine recognizes the duty of oversight for directors of Delaware corporations. Under In re McDonald'...
https://www.jdsupra.com/legalnews/chancery-confirms-bad-faith-pleading-2915074/
Paul v. Rockpoint Group LLC, C.A. 2018-0907-JTL (Del. Ch. Jan. 29, 2024) - This dispute arose from a disagreement over the authority of an appraiser to include legal assertions and extrinsic evid...
https://www.jdsupra.com/legalnews/chancery-decides-scope-of-expert-s-2807245/
In the wake of the tragic incident involving the collision of The Dali container ship with the Francis Scott Key Bridge in Baltimore, Maryland, which led to the bridge's collapse, there are numer...
https://www.jdsupra.com/legalnews/faqs-legal-guidance-for-families-7142123/
The topic of Artificial Intelligence dominated both the popular and professional landscapes for the last year, exemplified by the release and subsequent downloads of the generative A.I. progr...
https://www.jdsupra.com/legalnews/a-i-enthusiasm-may-outpace-current-6447949/
Kaufman v. DNARx LLC, C.A. No. 2022-0968-KSJM; C.A. No. 2022-0982-KSJM (Del. Ch. Dec. 29, 2023) (ORDER) - The Court of Chancery has broad power to address litigation misconduct.
https://www.jdsupra.com/legalnews/chancery-orders-llc-s-dissolution-as-3774640/
When dealing with the complexities of medical malpractice, particularly negligence in behavioral health facilities, it is essential to understand your rights and how to enforce them. These freque...
https://www.jdsupra.com/legalnews/negligence-in-behavioral-health-3806385/
City of Hialeah Emps. Ret. Sys. v. Insight Venture Partners, C.A. No. 2022-0846-MTZ (Del. Ch. Dec. 28, 2023) - A venture capital fund invested in two different entities. One of the entities then ...
https://www.jdsupra.com/legalnews/chancery-dismisses-double-derivative-8932539/
In re Oracle Corp. Deriv. Litig., C.A. No. 2017-0337-SG (Del. Ch. Dec. 28, 2023) - By rule, the prevailing party in Court of Chancery litigation is entitled to shift costs to the losing party, su...
https://www.jdsupra.com/legalnews/chancery-declines-to-shift-costs-to-8893664/
Buttonwood Tree Value Partners, L.P. v. R.L. Polk & Co. Inc., C.A. No. 9250-VCG (Del. Ch. Dec. 29, 2023) - To state a claim for unjust enrichment, a plaintiff must adequately plead: (1) an enrich...
https://www.jdsupra.com/legalnews/plaintiffs-adequately-pled-unjust-8933969/
In re Fox Corp. Deriv. Litig., C.A. 2023-0418-JTL (Del. Ch. Dec. 29, 2023). The newly amended Court of Chancery Rule 23.1 identifies factors for a court to consider when resolving a litigation le...
https://www.jdsupra.com/legalnews/applying-new-rule-23-1-chancery-5468726/
ChatGPT rolled out to the public in November 2022, and “Generative A.I.” has captured the public's imagination in the 15 months since the popular program and others like it became available.
https://www.jdsupra.com/legalnews/generative-a-i-tools-in-ediscovery-2802942/
Bocock v. Innovate Corp., C.A. No. 2021-0224-PAF (Del. Ch. Dec. 6, 2023) - In this recent letter opinion, Vice Chancellor Fioravanti considered whether the plaintiffs’ failure to provide specif...
https://www.jdsupra.com/legalnews/chancery-finds-wholly-generic-6377693/
Allen v. Harvey, C.A. No. 2022-0248-MTZ (Del. Ch. Oct. 30, 2023) - Delaware cases provide guidance on the standard for evaluating the “corporate benefit” from supplemental disclosures in adva...
https://www.jdsupra.com/legalnews/chancery-evaluates-supplemental-9133669/
Paragon Tech., Inc. v. Cryan, C.A. 2023-1013-LWW (Del. Ch. Nov. 30, 2023). In Delaware, a preliminary injunction is granted “sparingly and only upon a persuasive showing that it is urgently nec...
https://www.jdsupra.com/legalnews/chancery-denies-request-for-mandatory-5092304/
1. What role does bankruptcy play in mass tort litigation? Bankruptcy can serve as a mechanism for companies to consolidate and manage liabilities arising from mass tort litigation. Understanding...
https://www.jdsupra.com/legalnews/bankruptcy-in-mass-tort-litigation-faqs-8198431/
Cyber-attacks become more common with each passing year, and the increased number of attacks means more protected data is vulnerable to data breach. As more and more business has moved online in ...
https://www.jdsupra.com/legalnews/cybersecurity-threats-response-and-7469929/
On February 9, at the Rubenstein-Walsh CLE on Ethics and Professionalism for the Delaware State Bar Association, a panel of experts, including Vice Chancellor Cook, discussed the importance of th...
https://www.jdsupra.com/legalnews/the-importance-of-privilege-logs-to-4366004/
Greenlight Capital Offshore Partners, LTD., v. Brighthouse Financial Inc., C.A. No. 2022-1067-LWW (Del. Ch. Nov. 20, 2023) - Valuation is a well-established proper purpose to inspect corporate bo...
https://www.jdsupra.com/legalnews/chancery-largely-denies-books-and-7055975/
Energy Transfer LP v. The Williams Companies, Inc., No. 391, 2022 (Del. Oct. 10, 2023) - Busted-deal litigation is commonplace in Delaware and often requires Delaware courts to interpret provisio...
https://www.jdsupra.com/legalnews/delaware-supreme-court-affirms-busted-6074153/
Ethics are moral principles that govern a person’s behavior or activity. Lawyers are expected to possess the utmost ethical behavior—trusted by clients, colleagues, and courts. To that end, w...
https://www.jdsupra.com/legalnews/the-role-of-ethics-when-serving-as-an-8265782/
Ramco Asset Mgmt. LLC v. USA Rare Earth, LLC, C.A. No. 2022-0665-SG (Del. Ch. Oct. 20, 2023) - Plaintiffs brought claims alleging improper dilution of their equity interests when transferring the...
https://www.jdsupra.com/legalnews/chancery-holds-that-llc-agreement-did-6926600/
Assad v. Botha, et al., C.A. No. 2022-0691-LWW (Del. Ch. Oct. 30, 2023) - Here, Vice Chancellor Will awarded a $100,000 mootness fee for “material—and unremarkable—disclosures” following ...
https://www.jdsupra.com/legalnews/chancery-awards-mootness-fee-applying-6603751/
This top ten list summarizes significant decisions of the Delaware Supreme Court and the Delaware Court of Chancery over the past calendar year. Our criteria for selection are that the decision e...
https://www.jdsupra.com/legalnews/2023-delaware-corporate-and-commercial-8395504/
To fulfill their fiduciary duties to oversee and properly manage a corporation governed by the Delaware General Corporation Law (DGCL), directors have broad rights to the company’s privileged a...
https://www.jdsupra.com/legalnews/icahn-stockholders-not-entitled-to-1608915/
AECOM, et al. v. SCCI Nat’l Hldgs., Inc., C.A. No. 2022-0727-MTZ (Del. Ch. Sept. 27, 2023) - Although the Court of Chancery frequently resolves contractual disputes, it grants contractual refor...
https://www.jdsupra.com/legalnews/chancery-decision-explains-availability-2796740/
ArchKey Intermediate Holdings Inc. v. Mona, C.A. No. 2021-0383-JTL (Del. Ch. Oct. 3, 2023) - Parties to a stock purchase agreement disputed post-closing price adjustments. The agreement called fo...
https://www.jdsupra.com/legalnews/chancery-concludes-accountant-provision-7560344/
Terraform Labs Pte. Ltd., a blockchain software development company based in Singapore, has filed for bankruptcy after the US Securities and Exchange Commission (SEC) accused the company and its ...
https://www.jdsupra.com/legalnews/another-crypto-bankruptcy-filing-2629590/
Holifield v. XRI Investment Holdings, LLC, No. 407, 2022 (Del. Sept. 7, 2023) - This decision concerned the disputed transfer of a member's LLC units. Below, the Court of Chancery held that the d...
https://www.jdsupra.com/legalnews/supreme-court-upholds-contractual-6080821/
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 of its members had leaked the company's financial inform...
https://www.jdsupra.com/legalnews/chancery-denies-advancement-for-7039311/
Gener8 LLC v. Castanon, 2022-0246-LWW (Del. Ch. Sept. 29, 2023) - This dispute concerned a non-compete agreement that the plaintiffs alleged the defendant breached by establishing a competing bus...
https://www.jdsupra.com/legalnews/spoliation-of-email-and-texts-leads-to-7692602/
1. What is a construction accident lawsuit? A construction accident lawsuit is a legal claim made by someone who has been injured on a construction site as result of negligence or a safety violat...
https://www.jdsupra.com/legalnews/construction-accidents-faqs-3687108/
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 the presumption is that parties are bound by their agree...
https://www.jdsupra.com/legalnews/chancery-upholds-written-consent-based-2831879/
26 Capital Acquisition Corp. v. Tiger Resort Asia Ltd., CA No. 2023-0128-JTL (Del. Ch. September 7, 2023) - Even where the parties have contractually agreed that specific performance is the prefe...
https://www.jdsupra.com/legalnews/chancery-denies-specific-performance-in-7084278/
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. 2023-0546-LWW (Del. Ch. Aug. 23, 2023), the Court of Chan...
https://www.jdsupra.com/legalnews/chancery-refuses-to-enforce-nationwide-3160671/
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 decision involved a failed acquisition, a strategic review, ...
https://www.jdsupra.com/legalnews/chancery-limits-section-220-books-and-8318391/
Military veterans, civilian workers, and their family members who lived on or worked at Camp Lejeune during the period August 1953 to December 1987 are at increased risk of illness from water con...
https://www.jdsupra.com/legalnews/how-to-file-a-camp-lejeune-water-3144306/
Joel Newman v. KKR Phorm Investors, L.P., et al. C.A. No. 2022-0310-NAC (Del. Ch. Aug. 31, 2023). At the motion to dismiss stage, Delaware courts will consider the facts alleged in the complaint ...
https://www.jdsupra.com/legalnews/chancery-finds-that-books-and-records-7758860/
HBK Master Fund L.P. v. Pivotal Software Inc., C.A. No. 2020-0165-KSJM (Del. Ch. Aug. 14, 2023) - The Delaware Court of Chancery engages in an independent valuation process when determining the f...
https://www.jdsupra.com/legalnews/chancery-declines-to-defer-to-the-deal-8731331/
Cygnus Opportunity Fund, LLC v. Washington Prime Group, LLC, C.A. No. 2022-0718-JTL (Del. Ch. Aug. 9, 2023) - An Indiana corporation reorganized via bankruptcy into a Delaware LLC, and a senior n...
https://www.jdsupra.com/legalnews/chancery-upholds-claims-against-llc-9669668/
NetApp Inc. v. Cinelli, C.A. No. 2020-1000-LWW (Del. Ch. Aug. 2, 2023) - This decision arose out of the sale of the company Cloud Jumper to NetApp, Inc. The seller’s management had been recordi...
https://www.jdsupra.com/legalnews/chancery-finds-defendants-liable-for-3235688/
Frontline Techs. Parent, LLC v. Murphy, C.A. No. 2023-0546-LWW (Del. Ch. Aug. 23, 2023) - This non-compete decision reminds drafters to pay careful attention to scope and definitions, in particul...
https://www.jdsupra.com/legalnews/chancery-finds-non-compete-8833264/
Divorce proceedings can be complex when representing clients of means. When the client is a professional, executive, business owner or has acquired assets through some other endeavor, they often ...
https://www.jdsupra.com/legalnews/untangling-the-complexities-of-high-net-3344363/
The Corporate Transparency Act, adopted as Title LXIV of the 2021 National Defense Authorization Act, codified as 31 U.S.C. §5336, together with its implementing regulations (collectively, the C...
https://www.jdsupra.com/legalnews/the-corporate-transparency-act-is-7870437/
In the unfortunate event that you are injured at work, it is crucial to understand the benefits you are entitled to under Delaware workers' compensation law, and how to access them. When you are ...
https://www.jdsupra.com/legalnews/what-workers-compensation-benefits-are-3799368/
FTX Trading Ltd. and FTX.US, together generally known as FTX, operated a successful cryptocurrency exchange. FTX was established in 2018 by Sam Bankman-Fried and, by 2021, had become the third la...
https://www.jdsupra.com/legalnews/claw-back-litigation-in-ftx-bankruptcy-4249899/
In re AMC Entm't Holdings, Inc. S'holder Litig., Consol. C.A. No. 2023-0215-MTZ (Del. Ch. July 21, 2023) - In re AMC Entm't Holdings, Inc. S'holder Litig., Consol. C.A. No. 2023-0215-MTZ (Del. Ch...
https://www.jdsupra.com/legalnews/chancery-approves-revised-class-action-9097461/