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.

The Judicial Conference Advisory Committees on Appellate, Bankruptcy, Civil, and Criminal Rules have proposed amendments to their respective rules and forms.

In a prior post, we discussed the commencement of approximately 72 preference actions filed in the Quantum Foods bankruptcy proceeding by the Creditors Committee.

Section 365(d) of the Bankruptcy Code requires the debtor-tenant to satisfy all the terms under the lease during the post petition period until the tenant either rejects the lease, or assumes and assigns it to a third-party.

The Court of Chancery has recently issued an opinion granting partial summary judgment in favor of an advancement claim made by a director convicted of wrongdoing.

Chancellor Andre G. Bouchard was recently interviewed by Town Square Delaware.

In the case of ReCor Medical, Inc. v. Warnking, C.A. No. 7387-VCN (Jan. 30, 2015), the Court of Chancery granted attorneys’ fees to the prevailing party for an appeal taken by Defendants.

In the decision of Prokupek v. Consumer Capital Partners LLC, C.A. No. 9918-VCN (Dec. 30, 2014), the Court of Chancery rendered an opinion in which it denied inspection rights to the books and records of an LLC to a former member of the company.

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.

The decision of OptimisCorp. v. Waite, et al., C.A. No. 8773-VCP (Del. Ch. Jan. 28, 2015) is a good read for litigants seeking leave of the Court to amend a complaint.

On December 18, 2014, in the decision of Morgan v. Carpenter, C.A. No. 9324-ML (Del. Ch. Dec. 18, 2014), the Master in Chancery issued a Final Report recommending that the causes of action raised in the complaint be dismissed for lack of subject matter jurisdiction.

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 ..

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.

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.

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).

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...

Delaware Governor Jack Markell recently nominated Andre Bouchard for Chancellor of 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

The Court approved and adopted the Final Report and the recommendations contained therein.

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.