Author: ngarrison34MagKatG

By Nicholas G. Borelli  MARCH 16, 2023             Fifteen years ago today, Bear Stearns—a global investment bank—taught the world that with great risk comes a great demise as that over leveraged entity was bought out by JP Morgan Chase.[1] Bear Stearns was emblematic of other financial institutions after it became over leveraged at a ratio…

By Stephanie White To Hold Liable or Not           There is often much debate on whether directors and board members of businesses should be held personally liable for their actions within the company. One approach to this issue is that these individuals are acting in their official capacity within the company,…

By Jacob Goldstein What is a Caremark claim?           Originating from In re Caremark in 1996, Caremark claims are allegations against a board of directors for breaching their fiduciary duty of loyalty.[1] Any Caremark claim is based on the principle that the board of directors failed to make a good faith…

By Jazmine King 1. Noncompete Agreements & Their Effect on the U.S. Labor Markets           It is not taboo to hear that companies involved in competitive job markets require their employees to sign a noncompete agreement after an employee has accepted an offer for employment. A noncompete agreement, also referred to…

 By Alyssa Atkisson Abstract. WWE founder Vince McMahon is alleged to have breached his fiduciary duties as controlling shareholder in a series of sandbag moves. The Chairman             The WWE (World Wrestling Entertainment)[1] would not exist without Vince McMahon. He has been the face of the WWE for nearly four decades.[2] Credited with transforming the…

By: Charmi Patel           Generally, Delaware follows the “American Rule”, whereby each party is expected to pay its own attorneys’ fees and expenses, regardless of the outcome.[1] But the Delaware Court of Chancery has recognized equitable exceptions to the American Rule, including when “a stockholder party obtains a ‘corporate benefit.’”[2] The…

Summary Authored by Shira R. Freiman C.A. No. 2021-0324-JTL Court of Chancery of the State of Delaware January 26, 2023 *Formal publication forthcoming in Volume 47 Issue 2 of the Delaware Journal of Corporate Law. Key Takeaway:  Delaware decisional law now explicitly provides that corporate officers owe the same fiduciary duty of oversight as corporate…

By Evan Brown, Delaware Journal of Corporate Law Volume 48 Web Editor  Introduction           On February 10, 2023, the Delaware Journal of Corporate Law of Widener University Delaware Law School presented the 37th Annual Francis G. Pileggi Distinguished Lecture in Law. Students, Faculty, and members of local bench and bar associations had…

By Dan Mackrides[1] 1. Tutorial Island: A Broad Overview of the          Gaming Industry.             Gaming is the largest entertainment sector in the world.[2]  Analysts project revenues of $196.9 billion for 2022 and $221.4 billion for 2023.[3]  Estimates for total users hover around 2.5 billion for 2023.[4]  Gaming is generally split into…

By Nkemakunam Obata            The Corwin doctrine applies when a fully informed, non-coerce, majority of disinterested and independent stockholders approves a transaction (providing it does not involve a conflicted controller).[1] Although the case was decided in 2015, in recent years, courts saw an uptick in merger litigation, the application of the…