Williams Companies, Inc. v. Energy Transfer Equity, L.P., et al., No. 330, 2016 (Del. Mar. 23, 2017) The Delaware Supreme Court affirmed the judgment entered by the Court of Chancery in favor of the defendant concerning the defendant’s termination of a merger agreement. The Court held that Continue Reading
Delaware Court of Chancery Provides Clarity on the “Quasi-Appraisal” Remedy and Post-Closing Claims
Applying Corwin and clarifying and rejecting “quasi-appraisal” remedies On May 11, 2017, Chancellor Andre G. Bouchard of the Delaware Court of Chancery dismissed with prejudice a putative class action brought by stockholders of networking solutions in In re Cyan, Inc. Stockholders Continue Reading
Natural Resources Damages Case Study
Faced with a groundwater natural resource damages lawsuit alleging injury to hundreds of acres of recharge area in an urbanized region of the state, a company with a large legacy site engaged our law firm. We collaborated with the NJDEP, a municipality, a conservation group and an unrelated real Continue Reading
Delaware Court of Chancery Affirms Fraud Exception to Parties’ Contractual Allocation of Risk
EMSI Acquisition, Inc. v. Contrarian Funds, LLC, et al., C.A. No. 12468-VCS (Del. Ch. May 3, 2017), Slights, V.C. The Delaware Court of Chancery honored the well-settled policy against fraud and its limitation on parties’ freedom of contract in the context of allocating risk in a stock Continue Reading
U.S. Senate’s Energy and Natural Resources Committee Hears Testimony of FERC Nominees, Begins Process to Reestablish Needed FERC Quorum
Federal Energy Regulatory Commission nominees Robert Powelson and Neil Chatterjee testified yesterday before the U.S. Senate Committee on Energy and Natural Resources. The two Republican nominees—Mr. Powelson, Chairman of the Pennsylvania Public Utility Commission and President of the National Continue Reading
SCOTUS Grants Debt Collectors Limited Reprieve
The United States Supreme Court recently held that the submission of a proof of claim in a Chapter 13 bankruptcy case for payment of a time-barred claim did not violate the Fair Debt Collection Practices Act (the “Act”). Overturning the decision of the Eleventh Circuit Court of Appeals, the Court Continue Reading
Navigating Changes in the Internet Landscape and Staying Ahead of the Curve
The Internet Corporation for Assigned Names and Numbers (ICANN) is a not-for-profit entity tasked with coordinating the functions of the Internet Assigned Numbers Authority (IANA). IANA is the authority responsible for regulating the domain name system, which is the technical process involved in Continue Reading
Protesters’ Paradise at the GAO? Understanding the Rapid Rise in the GAO’s FY 2016 Bid Protest Sustain Rate
As a bid protest lawyer, one of the most frequent questions I hear from companies considering whether to pull the trigger and file a pre- or post-award bid protest is “Can we win?” My response – regardless of the meritorious nature of the protest grounds and the corresponding flaws in the Continue Reading
Delaware Bankruptcy Court Denies Creditors’ Committee Access to Privileged Documents
In a May 8, 2017 ruling, the Delaware Bankruptcy Court denied the official committee of unsecured creditors from accessing certain documents withheld from production based on the attorney-client privilege. Despite the purpose underlying the committee’s creation, the court distinguished the role of Continue Reading
Shrewsbury and Its Impact on Delaware Foreclosure Actions
In J.M. Shrewsbury v. Bank of New York Mellon, (Del. Apr. 17, 2017), the Supreme Court of Delaware, sitting en banc, issued a decision of interest to lenders seeking to foreclose on real property in the state of Delaware. In reversing the order of the trial court granting summary judgment in favor Continue Reading