Corporate Representation

  • Daily Business Review

    Fort Lauderdale Attorneys Save Developer from $7.3 Million Judgment

    By Samantha Joseph | December 7, 2017

    “It's one of those where near-misses don't count,” appellate lawyer John Pelzer said of statute of limitations deadline.

    1 minute read

  • Delaware Business Court Insider

    Receiver's Disallowance of Creditor's Claim Subject to De Novo Review

    By Barry M. Klayman and Mark E. Felger | December 6, 2017

    What should be the standard of review when the Court of Chancery considers an appeal from a receiver's disallowance of a claim pursuant to section 296(b) of the Delaware General Corporation Law? In B.E. Capital Management Fund LP v. Fund.com Inc., C.A. No. 12843-VCL (Del. Ch. Oct. 4, 2017), Vice Chancellor Laster held that a receiver's determination is subject to de novo review and the court has discretion to go beyond the record presented to the receiver by conducting an evidentiary hearing.

    1 minute read

  • Delaware Business Court Insider

    Are Directors Liable if Their Company Violates the Law? The Practical Implications of 'Kandell'

    By Timothy R. Dudderar and Daniyal M. Iqbal | December 6, 2017

    In a case involving allegations of unusually egregious conduct by directors of a Delaware corporation, the Delaware Court of Chancery in Kandell v. Niv, C.A. No. 11812-VCG (Del. Ch. Sept. 29) (Glasscock, V.C.) found that directors of FXCM, Inc. faced a substantial likelihood of liability for demand futility purposes on a claim alleging that they knowingly allowed FXCM to engage in an illegal business practice, despite the lack of allegations suggesting that the directors were ever explicitly notified that the practice was illegal.

    1 minute read

  • The Legal Intelligencer

    Second Circuit Applies Lenient Standards for Certifying Classes in Securities Litigation

    By Robert L. Hickok and Gay Parks Rainville | December 5, 2017

    On Nov. 6, a three-judge panel of the U.S. Court of Appeals for the Second Circuit issued an opinion in Waggoner v. Barclays, No. 16-1912, 2017 U.S. App. LEXIS 22115 (2d Cir. Nov. 6, 2017), that—if allowed to stand—will make it significantly easier for plaintiffs to obtain class certification in actions alleging violations of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. Section 78j(b), and Securities and Exchange Commission Rule 10b-5 (10(b) actions) against large, publicly traded companies.

    1 minute read

  • Daily Business Review

    Mark Raymond Meant to Go Into Tax Law, But He Caught the Litigation Bug

    By Lidia Dinkova | December 1, 2017

    Raymond has represented clients ranging from high-profile corporations like Carnival Cruise Line to individuals like the New York nun whose money he recovered after she lost it because of a broker's poor investment decisions.

    1 minute read

  • Delaware Business Court Insider

    Impact of 'Trulia' on Merger Litigation in State and Federal Courts

    By John A. Neuwirth, Joshua S. Amsel, Christine T. Di Guglielmo and Evert J. Christensen Jr. | November 29, 2017

    Since 'Trulia', there has been a decline in Delaware in the number of run-of-the-mill challenges to nearly every public company merger transaction. But while the volume of merger litigation in Delaware has been on the decline, there has been a noticeable surge in filings in other jurisdictions, particularly federal courts.

    1 minute read

  • The American Lawyer

    DLA Piper Joins 'Freemium' Strategy to Win Startup Clients

    By Roy Strom | November 28, 2017

    The global legal giant is now among a throng of law firms offering free legal documents for startups, joining a broader trend of using document automation tools to attract clients.

    1 minute read

  • Delaware Business Court Insider

    Bridging the GAAP: Contractual Interpretation Issues in 'Chicago Bridge & Iron'

    By Pamela L. Millard | November 22, 2017

    On June 28, 2017, the Delaware Supreme Court reversed the Court of Chancery's prior ruling in Chicago Bridge & Iron v. Westinghouse Electric, 2016 WL 7048031 (Del. Ch. Dec. 5, 2016), rev'd, 2017 WL 2774563 (Del. June 28), holding that an independent auditor appointed to resolve purchase price adjustment disputes relating to a sale transaction was not empowered to decide challenges to the seller's compliance with GAAP in connection with a post-closing true up of net working capital.

    1 minute read

  • Delaware Business Court Insider

    Glasscock Stays Decision on Shareholder Suit, Awaiting Federal Regulatory Action

    By Tom McParland | November 20, 2017

    A Delaware vice chancellor on Monday delayed making his ruling on a shareholder suit accusing Straight Path Communications Inc. of allowing its controller to funnel "hundreds of millions" of dollars' worth of assets away from the company as a part of its planned $3.1 billion sale to Verizon.

    1 minute read

  • Delaware Business Court Insider

    Defendants Accelerate Efforts to Boot Infringement Suits Out of Delaware

    By Tom McParland | November 20, 2017

    A review of Delaware's federal docket has shown that defendants in patent infringement cases are increasingly citing Delaware's judicial vacancies in support of motions to transfer the cases out of the district after a visiting judge first raised the issue two months ago.

    1 minute read

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