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  • Article

    Fees Granted To Unsuccessful Objecting Party To Merger Litigation Settlement

    In the recent decision of In re Riverbed Technology Inc. Stockholders Litig., the Court of Chancery granted fees to an unsuccessful objecting party to a settlement involving litigation pertaining to a merger deal.
    United StatesCorporate/Commercial Law
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Mootness Fees Granted To Stockholder Challenging Bylaw Provision

    In the recent decision of Jay Frechter v. Cryo-Cell International, Inc., Civil Action No. 11915-VCG (Del. Ch. Oct. 7, 2016), the Court of Chancery granted a mootness fee in connection with a lawsuit brought by a stockholder challenging a bylaw provision.
    United StatesCorporate/Commercial Law
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Section 220 Books And Records Demand Dismissed Due To Issue Preclusion

    Often times, a Section 220 books and records action precedes derivative litigation. However, it is not uncommon for one faction of stockholder plaintiffs to dive right into derivative litigation in another litigation...
    United StatesCorporate/Commercial Law
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Section 220 Inspection Of Stocklist Materials

    Section 220 of the Delaware General Corporation Law provides a stockholder with the ability to inspect a corporation’s stocklist.
    United StatesCorporate/Commercial Law
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Abengoa Court Enters Order Permitting Debtors To Reject Nonresidential Real Property Leases

    Recently in the Abengoa SA bankruptcy proceeding, the United States Bankruptcy Court for the District of Delaware entered an order permitting Debtors to reject certain nonresidential real property leases.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Assumption/Assignment Of Contracts – Preference Defense

    Many preference defendants are not aware of the fact that if their pre-petition contract with the debtor is assumed or assigned in the course of the bankruptcy, then such assumption/assignment will generally serve as a bar to recovery for receipt of alleged preferential transfers.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Local Rules Of The Delaware Bankruptcy Court – Comment Period

    The Delaware Bankruptcy Court issued a notice stating that the comment period for its Local Rules is currently open. Per the notice, the comment period is open from October 1 through October 30, 2020...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    PetroQuest Energy Files Second Bankruptcy, Plans Asset Sale Amid $115.5M Debt

    PetroQuest Energy Inc., a Louisiana-based oil and gas exploration company, has filed for bankruptcy in Delaware with $115.5 million in debt ($104.5 million secured, $11 million unsecured).
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Preference Actions Filed In Deb Shops Bankruptcy

    By way of background, Deb Shops SDFMC LLC filed voluntary petitions for bankruptcy in the U.S. Bankruptcy Court for the District of Delaware on December 4, 2014 under Chapter 11 of the Bankruptcy Code.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Preferred Communication Systems, Inc. Files For Bankruptcy

    Preferred Communication Systems, Inc. ("PCSI" or "Debtor") filed for chapter 7 bankruptcy before the United States Bankruptcy Court for the District of Delaware on July 28, 2021.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Priority Status Given To Claims Of Landlords Against Involuntary Debtors

    On August 11, 2015, the Bankruptcy Court for the Northern District of California ruled on an issue "of apparent first impression" that claims for unpaid rent brought by landlords for office space leased to the former law firm of Howrey LLP should be given priority status under the Bankruptcy Code.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Court Of Chancery Denies Motion To Disqualify Appraiser

    In denying the motion, the Court made reference to a litany of cases applying the standard for disqualification of arbitrators either ex post or ex ante a decision being made.
    United StatesLitigation, Mediation & Arbitration
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Delaware Court Of Chancery Extends The Permitted Use Of Unsworn Declarations To September 30, 2021

    On July 12, 2021, the Court of Chancery issued Standing Order No. 6. The standing order extends the permitted use of unsworn declarations, verifications, certificates, statements, oaths, or affidavits in filings ..
    United StatesLitigation, Mediation & Arbitration
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Delaware Mulling New Chancery Arbitration Process

    As reported here in March of 2014, the U.S. Supreme Court declined to grant certiorari of the Delaware Court of Chancery’s appeal of the Third Circuit’s ruling in Delaware Coalition for Open Government v. Strine, declaring its confidential arbitration program unconstitutional.
    United StatesLitigation, Mediation & Arbitration
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Enlargement Of Word Count Requires Good Cause

    Accordingly, parties seeking to expand the current word count limitation of 14,000 words for opening and answering briefs, or 8,000 words for replies, should make such request sufficiently in advance with a statement of good cause.
    United StatesLitigation, Mediation & Arbitration
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Fee Award Denied To Litigation Funding Firm

    The Court of Chancery recently denied a fee award to a litigation funding firm in the decision of Judy v. Preferred Communication Systems, Inc., C.A. No. 4662-VCL (Del. Ch. Sept. 19, 2016).
    United StatesLitigation, Mediation & Arbitration
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Jury Trials To Resume In The District Of Delaware, Subject To Discretion Of The Judge

    The United States District Court for the District of Delaware recently issued a Jury Trial Notice on April 5, 2021, stating that jury trials will resume, subject to the discretion of each...
    United StatesLitigation, Mediation & Arbitration
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Record-Setting Derivative Action Settlement (275MM) Approved By The Court Of Chancery

    In the recent opinion of In re Activision Blizzard, Inc. Stockholder Litigation, Cons. C.A. No. 8885-VCL, the Court approved the highest settlement reached in a derivative action to date, in the amount of $275 million
    United StatesLitigation, Mediation & Arbitration
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Section 220: Court Orders Citigroup To Produce Records Of Its Subsidiary (Master’s Final Report Adopted By Court)

    The Court approved and adopted the Final Report and the recommendations contained therein.
    United StatesLitigation, Mediation & Arbitration
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Stay Denied In Advancement Case

    In the recent decision of Tulum Management USA LLC v. Casten, C.A. No 11321-VCN (Del. Ch. Nov. 9, 2015), Vice Chancellor Noble declined a party's request to stay a pending advancement case before the Delaware Court of Chancery.
    United StatesLitigation, Mediation & Arbitration
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP

Showing 41–60 of 538 results

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