The trend toward cloud computing, use of third-party application service providers, and outsourcing functions that can include payroll, benefits, marketing and more, multiply the potential vulnerabilities, and up the ante when it comes to managing data-related risk.
Recently, in Kurz v. Holbrook, the Delaware Court of Chancery and Supreme Court confronted dueling consent solicitations over control of the board of directors of EMAK Worldwide, Inc. This contest generated three issues of first impression.
In the recent decision in Mervyn's, LLC v. Lubert-Adler Group IV, LLC (In re Mervyn's Holdings LLC), a Delaware bankruptcy court allowed a debtor to proceed with a suit against its former parent, alleging a fraudulent conveyance and breach of fiduciary duty to the debtor and its creditors.
In a decision that could have wide-ranging consequences for secured lenders and the distressed debt market, a divided U.S. Court of Appeals for the Third Circuit has held that secured creditors do not have an absolute right to credit bid the value of their loans in Chapter 11 plan-based sales of assets.
When municipalities enact zoning ordinances that restrict the location of adult uses, they must take care to assure that adequate alternative sites remain available.
Recent rulikngs of interest to you and your practice.
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