On April 6, 2021, J. Kate Stickles was sworn in as the newest judge of the United States Bankruptcy Court for the District of Delaware. Judge Stickles becomes the latest judge to join the Delaware Bankruptcy Court since Judges John
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Carl D. Neff
Latest from Carl D. Neff - Page 2
Jury Trials to Resume in the District of Delaware, Subject to Discretion of the Judge
By Carl D. Neff
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 individual judge as to whether and when any…
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Court of Chancery Holds that Arbitrability of Advancement Claim Must be Determined by Arbitrator
By Carl D. Neff
In the recent decision of Blackmon v. O3 Insight, Inc., C.A. No. 2020-1014-SG (Del. Ch. Mar. 9, 2021), the Delaware Court of Chancery held that the arbitrability of a Delaware director’s claim for advancement must be determined by an…
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Insys Liquidation Trust Asserts Preference Claims in the Delaware Bankruptcy Court
By Carl D. Neff
Starting on February 18, 2021, Insys Liquidation Trust (“Insys Trust”), the liquidation trust appointed by the United States Bankruptcy Court for the District of Delaware to prosecute claims on behalf of Insys Therapeutics, Inc., filed approximately 53 complaints seeking the avoidance…
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Nine Point Energy Files for Chapter 11 Bankruptcy Protection in Delaware
By Carl D. Neff
Another energy company has succumbed to bankruptcy in the wake of the Covid-19 pandemic.
Nine Point Energy Holdings, Inc., a private exploration & production company focused on the Williston Basin, and its affiliates, including Foxtrot Resources LLC, filed for chapter…
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Chancery Holds that Delaware Uniform Trade Secrets Act Preempts Unjust Enrichment Claim
By Carl D. Neff
In a recent letter opinion, 250ok, Inc. v. Message Sys., Inc., C.A. No. 2020-0588-JRS (Del. Ch. Jan. 22, 2021), the Court of Chancery held that a claim under the Delaware Uniform Trade Secrets Act (“DUTSA”), 6 Del. C. § 2001 …
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Champion Property Holdings Files for Bankruptcy Protection in Delaware
By Carl D. Neff
Champion Property Holdings, LLC and Anglin Cultured Stone Products LLC (“Debtors”) each filed for Chapter 11 bankruptcy protection with the Delaware Bankruptcy Court on February 10, 2021.
According to Debtors’ Petitions, their assets total between $100k – $500k, and their…
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Delaware Chancery Denies Member’s Request to Invalidate Dissolution of a Delaware Limited Liability Company
By Carl D. Neff
In a noteworthy and recent Court of Chancery decision, Mehra v. Teller, C.A. No. 2019-0812-KSJM (Del. Ch. Jan. 29, 2021), the Delaware Court of Chancery ruled upon a member’s request to invalidate dissolution of a Delaware limited liability company. The…
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District of Delaware Orders New Procedures for the Filing, Service, and Management of Highly Sensitive Documents
By Carl D. Neff
On January 29, 2021, Chief Judge Leonard P. Stark issued a Standing Order setting forth new procedures for the filing, service, and management of highly sensitive documents, defined as “HSD”. The Standing Order was issued in response to recent widespread…
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Court of Chancery Confirms Standard for Granting a Stay of Discovery Pending a Motion to Dismiss
By Carl D. Neff
A common tactic employed by experienced Chancery litigators defending a lawsuit is to file a motion to stay discovery while a motion to dismiss is pending. The argument is that if the case is dismissed, the expense of undertaking discovery…
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