In a decision written by Chief Justice Leo E. Strine Jr., for the second time in 15 months, the Delaware Supreme Court reversed a Court of Chancery decision dismissing a derivative complaint for failure to plead demand excusal.
Will Gorsuch Pick Up Where Scalia Left Off?
"Is my client a potential member in a class-action lawsuit against a pharmaceuticals manufacturer?" The answers can get complicated, especially when the legal landscape is in flux, as it is now as we await the appointment of a new Supreme Court justice. What should we expect?
Over the course of the past few months (and prior to the inauguration of President Trump), the Social Security Administration (SSA) proposed and finalized…
Discussion of two rulings of interest to you and your practice.
While cybersecurity spending at many organizations still tends to focus on perimeter defenses, security experts have begun to face the reality that it is nearly impossible to keep bad actors out of your network, and are turning their attention to better ways of mitigating threats posed by intruders once they've hacked their way in.
The Georgia Supreme Court ruled that media companies streaming music recordings made prior to Feb. 15, 1972, over the Internet without paying royalties or licensing fees aren't violating the state's criminal record piracy law.
The U.S. Supreme Court did not appear eager to upset the patent litigation landscape by drastically limiting where infringement lawsuits can be filed.
The U.S. Court of Appeals for the Ninth Circuit recently held in Blixseth v. Brown that under Barton v. Barbour, a plaintiff must obtain a bankruptcy court's permission before commencing a lawsuit in another forum against a member of the committee of unsecured creditors, and that Stern v. Marshall does not preclude bankruptcy courts from adjudicating such claims on the merits.
Uncertain Treatment of Make-Whole Premiums Upon Bankruptcy-Induced Acceleration and Redemption of Indentures
Make-whole premiums are essentially prepayment penalties imposed on borrowers when loans are paid off in advance of their maturity dates. These premiums remove the borrowers' incentives to refinance whenever interest rates drop, and provide stability and predictability to the world of secured lending.
A national bank client calls you and says that an internal auditor employee, who has signed stringent confidentiality and non-disclosure agreements, has…
