Business Litigation

News & Analysis as of

Court Of Chancery Explains Fee Award In Appraisal Case

Plaintiffs’ attorneys in representative litigation may obtain awards of fees and expenses when their efforts prove successful and provide benefits to the represented class. This decision explains how the Court of Chancery...more

Delaware District Court Finds That Controlling Stockholder Claim Falls Outside Of Forum Selection Bylaw

Forum selection bylaws are a powerful tool for companies to avoid the burdens of multi-forum litigation. But those bylaws only cover the claims falling within their terms. Where, as here, the bylaw only covers fiduciary...more

Do Funders Deserve Benefit Fees?

The business of third-party funding of litigation is said to be rapidly growing. Typically, the entity putting up the money (a funder) signs a contract with a plaintiff to pay the costs of a lawsuit in return for a percentage...more

Webcast: Understanding and Defending State Consumer Protection Actions [Video]

Consumer protection or unfair and deceptive acts or practices statutes have been enacted in every state in an attempt to protect consumers from predatory, deceptive and unscrupulous business practices. While good intentioned,...more

Court of Chancery Explains When Contract Bars Tort Claims and Arbitration

This is a great decision on when the provisions of a contract bar tort claims of fraud and tortious interference. Briefly, when the contract speaks to an issue (e.g., expressly permitting certain acts, or imposing no duty to...more

Court Of Chancery Explains When To Expedite Disclosure Claims

This decision is helpful in clarifying that claims alleging disclosure violations in a proxy statement need to be pressed before a merger closes. ...more

Recurring Issues in Accounting for Litigation Contingencies

Certain questions seem to recur when it comes to outside counsel’s communications with a company’s auditors about potential exposures as a result of litigation or regulatory/enforcement matters and the underlying accounting...more

Del. Forum Non Conveniens Doctrine Doesn't Depend on Adequate Alternative Forum

Corporations sued in Delaware and subject to jurisdiction here sometimes employ the doctrine of forum non conveniens (FNC) to seek dismissal of the litigation if defending here would create an overwhelming hardship. In a...more

Court Of Chancery Rejects Fee Application From Litigation Funder

This is a decision worth reading because it so well tells an interesting story. But its legal significance may well be that it holds a litigation funding firm is not entitled to an attorney fee award at least when it does not...more

The Corporate Designee in Commercial Litigation – the Voice That Binds the Company

A corporate entity is regarded by the law as a “person” for purposes of standing to sue and be sued, but an organization, whether corporation, partnership, governmental organization, or other entity, can act only through its...more

Fair Value in Arm's-Length Third-Party Transactions

With the rise of appraisal arbitrage, an increasing number of appraisal petitions and an increase in the size of appraisal classes, corporate practitioners have closely followed recent appraisal decisions in the Delaware...more

NC Court Of Appeals, Not Sure That It Had Jurisdiction, Dismisses Appeal From Business Court Decision

How does your appeal get dismissed when you've appealed to the "right", "appropriate", or "correct" court? In other words, your appeal was to the Court with jurisdiction over your appeal. It happened in the NC Court of...more

Alert: What US GCs Should Know About Litigation Funding in England & Wales

The situation may be a familiar one: a client with a meritorious claim, but insufficient financial resources (or even C-suite support) to pursue matters. In this tip sheet, we explain how the continued growth of litigation...more

Business Litigation Report - March 2016

How Major Changes to the Federal Rules of Civil Procedure Will Impact Business Litigation - The Federal Rules of Civil Procedure govern all civil litigation in the federal courts. Recent major amendments to these...more

How Major Changes to the Federal Rules of Civil Procedure Will Impact Business Litigation

The Federal Rules of Civil Procedure govern all civil litigation in the federal courts. Recent major amendments to these rules—which became effective December 1, 2015—will impact the scope and cost. The amendments...more

New Trend for Invalidating Arbitration Clauses in Tennessee?

Several months ago I posted a blog about two New York Times articles criticizing arbitration clauses in consumer contracts. Despite nationwide statutory and judicial support (federal and state), the New York Times article...more

The Inside Track on How GCs Choose Litigation Counsel

One of the most challenging jobs any general counsel encounters is guiding the company through litigation-related decisions. This process involves determining the company’s goals in the disputed matter, setting any budgeting...more

Rule 26: What’s New, What’s Old, and What Still Needs to be Litigated

The amendments to Rules 26(b)(1) and 26(b)(2)(C) of the Federal Rules of Civil Procedure have been in effect for almost two months now. They are expected to change the way lawyers manage discovery and the way courts resolve...more

To Litigate or not to Litigate: Practical Considerations for Every Business

It should come as no surprise that business is booming in Silicon Valley, although with the growing number of businesses comes increased potential for conflict and litigation. Know that litigation is serious business. ...more

Takeover Litigation Sharply Declines in Last Quarter of 2015

Matthew D. Cain, of the SEC, and Professor Steven Davidoff Solomon of the University of California, Berkeley – School of Law, published a report analyzing preliminary statistics for takeover litigation in 2015. According to...more

New Jersey’s Complex Business Litigation Program Completes Its First Year

New Jersey’s Complex Business Litigation Program just completed what by all accounts was a busy and successful initial year of operation. Following the national trend of establishing specialized business courts, New Jersey on...more

Fraudulent Conveyance Litigation Expenses are Not Deductible

Expenses of business litigation, and litigation involving the production or collection of income or of property held for the production of income, are typically deductible under Code Sections 162 or 212. It is often...more

The Delaware Supreme Court Upholds $76 Million Judgment Against RBC for Rural/Metro Sale

Investment bankers seeking to profit as both adviser to the seller and financier to the buyer in corporate sales processes have faced increased scrutiny by Delaware courts over the last few years. In a highly-publicized 2011...more

"But we have a solid legal case, right?"

Business people with legal disputes often expect that when their legal position is very strong, litigating it to victory should be relatively quick and painless. That’s often not the case, however, as illustrated by a recent...more

Arbitration Clauses Under Attack – Do They Harm Consumers?

Arbitration clauses are a common feature in a large part of my business litigation practice. They are generally enforceable under both federal and state statutes (e.g., the Federal Arbitration Act and the Tennessee Uniform...more

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