December 26, 2023
The Third Circuit gave royalty owners a constructive trust over royalties improperly paid to secured creditors. The circuit court did not rule on remedy.
December 21, 2023
A D&O policy covering securities claims doesn’t provide coverage for a claim resulting from a fraudulent transfer, the Delaware Supreme Court rules.
3rd Circuit , Delaware ,
November 21, 2023
Judge Goldblatt slaps creditors with $665,000 in damages for violating the automatic stay.
3rd Circuit , Delaware ,
November 7, 2023
Lawyers aren’t guarantors for a client’s misconduct, but they may be sanctioned for a coverup.
November 2, 2023
The fraudulent intent of an individual who controls a corporation can be imputed to the corporation itself, even if the board is unaware of fraud.
3rd Circuit , Delaware ,
October 31, 2023
A Delaware opinion states that debtors can’t reincorporate to manufacture venue, but it’s permissible for lenders to do so.
3rd Circuit , Delaware ,
October 2, 2023
Delaware’s Judge Goldblatt seems to be recommending that the Third Circuit close a loophole in confidentiality agreements.
3rd Circuit , Delaware ,
September 27, 2023
The state law standards for creation of a contract governed enforceability of a term sheet signed after mediation.
September 22, 2023
Neither a sale ‘free and clear’ nor rejection of a union contract bars enforcement of NLRA successorship obligations, Delaware district judge rules in reversing the bankruptcy court.
3rd Circuit , Delaware ,
September 21, 2023
The bankruptcy court in Delaware sided with four circuits by directing the U.S. Trustee to give refunds for overpayment of fees that were not uniform throughout the country.
3rd Circuit , Delaware ,