Publication
Legaltech News
Reporting, and expert analysis of legal technology with a focus onwhat legal departments, law firms, and tech companies need to know
The appeal involved two cases, both raising the same issue: whether shareholders can challenge advance notice bylaws they say are defensive and entrenching in the Court of Chancery if those shareholders don't intend to nominate a director and haven't shown a potential nominee was deterred by the bylaws.
On Monday, Delaware Superior Court Judge Francis J. Jones Jr. entered a $18.2 million judgment against construction engineering firm Nexius Solutions Inc. and technical training company Myndco Inc. following a jury verdict finding the companies liable for the 2020 deaths of Jovan and Bryan Maldonado.
"This action was not the result of a formal candidacy, but rather a strong and unified expression of support intended to encourage me to consider entering the race," Murray said in an emailed statement Wednesday. "I am truly grateful and honored by that encouragement and for the trust placed in me."
"Learn the big picture—don’t just myopically focus on the task at hand. Don’t get me wrong—it’s critical to learn the law and know your craft, but if you’re missing the business forest for the legal trees, you’re not going to proceed to the next level. Understanding where you fit in in the larger scheme is the first step to actively participating and owning responsibility in a matter."
Delaware courts have long refused to second-guess corporate management’s decision-making when it is disinterested, but applied close scrutiny when management operates in the presence of a conflict of interest. As a result, much of Delaware case law has centered around determining whether management was conflicted, and if so, whether it had taken appropriate steps to neutralize the conflict.
In Schneiderman v. American Chemical Society, the Second Circuit ruled that 28 U.S.C. §1332(c)(1) does not automatically make federally chartered corporations, like ACS, citizens of any state for diversity jurisdiction purposes. The court emphasized that the statute's language and history suggest it applies only to corporations incorporated in or primarily based in a state, not federally chartered entities. This decision creates a split with the Fourth Circuit and impacts whether federal courts can hear cases involving federally chartered corporations based on diversity of citizenship.
A U.S. Trustee trial attorney, Timothy J. Fox Jr. spent 12 years at the Wilmington office in the Department of Justice, focusing on Chapter 11 cases as well as other matters brought under the Bankruptcy Code.
The retired judges argued the D.C. Circuit relied on faulty precedent to dismiss Federal Circuit Judge Newman's challenge to her suspension.
The decision in Atlas Data Privacy v. Sterling Data Company signals to civil litigators that a constitutional defense won't always end a case early, and provides a glimpse of how courts can be expected to handle conflicts between protection of privacy and First Amendment claims.
Attorney Sara Shaw Tatum's husband needed representation in "business divorce" litigation, and the couple decided having her take the job alongside the firms that represented John Tatum in pre-litigation was the best, most cost-effective option. The move paid off.
