Delaware Business Court Insider
By Ellen Bardash | April 10, 2024
The dispute over advance notice bylaws has triggered similar lawsuits from other corporations.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | April 10, 2024
While RWI policies are manuscripted policies separately negotiated for each transaction, the vast majority contain arbitration clauses, meaning that claim disputes are resolved privately without published court rulings. The recent ruling in 'Novolex Holdings v. Illinois Union Insurance' sheds some light on one of these claim disputes, while also providing important lessons for insurers and M&A practitioners.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | April 10, 2024
As demonstrated by Harrison Metal Capital III v. Mathe, failure to assert well-pleaded allegations showing that a majority of the board is disabled from disinterestedly and independently evaluating whether to bring an action is fatal to a stockholder derivative claim.
Delaware Business Court Insider | Commentary
By George Williams | April 10, 2024
Does Terra's bankruptcy mark the end of the "Crypto Winter"? The recent rebound of the cryptocurrency market seems to suggest so, particularly with Bitcoin setting a new all-time high of $73,805.27 on March 14, 2024.
Delaware Business Court Insider | News
By Ellen Bardash | April 9, 2024
U.S. District Chief Judge Colm F. Connolly's decision is a win for the Latham & Watkins and Richards, Layton & Finger team that represented Walmart, CEO Doug McMillon and former CFO Brett Biggs.
The American Lawyer | Analysis
By Dan Roe | April 9, 2024
"They didn't care because they were making too much money off of it, and now it's especially sad that they're finding yet another way to make money off of the very problems they helped create," Yale Law School professor John Morley said of the corporate lawyers who participated in the frenzy.
Delaware Business Court Insider
By Ellen Bardash | April 8, 2024
"The Delaware courts are going to continue to have a lot of skepticism when it comes to conflicted controller transactions," Fried, Frank, Harris, Shriver & Jacobson senior counsel Gail Weinstein said.
By Cedra Mayfield | Patrick Smith | Elana Ashanti Jefferson | April 5, 2024
In this week's Legal Speak episode, James Whittle with the American Property Casualty Insurance Association dives into the impact of what the organization has dubbed "legal system abuse" as social inflation—the belief that large corporations are "bad actors with deep pockets"—helps fuel "nuclear" verdicts.
Delaware Business Court Insider
By Ellen Bardash | April 4, 2024
The Supreme Court said entire fairness is the standard of review in any controller-involved transaction, but business judgment can be applied when both an independent committee and a shareholder vote approve the deal.
Delaware Business Court Insider | News
By Ellen Bardash | April 1, 2024
The lawsuit alleges that if Uber's board members and executives had made a point to implement safety measures like screening drivers more carefully, the company might not now be facing liability in the hundreds of cases in which riders, primarily women, say they were sexually assaulted.
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