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Dispute Resolution Delaware

Mayer Brown

Delaware Law Alert: Conditions Precedent Under the Microscope—Key Lessons for M&A Agreements

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In Thompson Street Capital Partners IV, L.P. v. Sonova United States Hearing Instruments, LLC,1 the Delaware Supreme Court recently adopted a complex framework for determining when noncompliance or partial compliance with a...more

Jones Day

Earnouts in M&A Transactions: Recent Decisions From Delaware

Jones Day on

In 2024, Delaware courts issued multiple instructive decisions on earnout provisions in life sciences M&A transactions. ...more

King & Spalding

Comparing the Business-Focused Courts of Delaware, Texas, and Nevada

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Over the last year, a discussion has accelerated around Delaware’s status as the favored state of incorporation for business entities, with many ventures debating whether they should choose to incorporate in Delaware or, if...more

Morris James LLP

Chancery Says Litigation Privilege No Shield Against LLC Interest Repurchase

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Seva Holdings Inc. v. Octo Platform Equity Holdings, LLC, C.A. No. 2022-0437-PWR (Del. Ch. Aug. 29, 2024) - In deciding limited cross motions for summary judgment, the Court of Chancery held that the absolute litigation...more

Morris, Manning & Martin, LLP

Delaware Law Update: A Contractual Right to Terminate will be enforced by Delaware Courts

In the context of a contract with hundreds of pages and multiple schedules, exhibits, appendices, and annexes, contractual language can be difficult to reconcile. Multiple provisions can appear to address a certain situation....more

Mintz

Options Cancelled. Lessons from Tesla's Pay Package Dispute

Mintz on

The Delaware court striking down Elon Musk's $50B pay package will garner a lot of headlines and clicks. As a corporate lawyer, I have two key observations: 1. This case highlights the increasing importance in...more

MG+M The Law Firm

Delaware Tenants Get Their Own Miranda Rights

MG+M The Law Firm on

On June 14, 2023, the Delaware General Assembly passed Senate Bill (the Bill), an act to amend the Delaware Landlord–Tenant Code1 giving many tenants a right to representation. The Bill aims to provide low-income families,...more

Marshall Dennehey

Delaware ‘Meet and Confer’ Rule Requires Human Contact??!

Marshall Dennehey on

Key Points: The Superior Court of Delaware’s “meet and confer” requirement is mandated by the notice provision articulated in Del. R. Civ. P. Super. Ct. 37(a). The Rule has long been interpreted by counsel to require only an...more

K&L Gates LLP

Court of Chancery's Increased Scrutiny of Non-Bankruptcy Liquidations

K&L Gates LLP on

Background - Delaware has seen a significant uptick in the number of assignment for the benefit of creditors (ABC) filings. Through recent decisions, the Court of Chancery has sent a strong message that it expects parties...more

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