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  • Cantor Fitzgerald, L.P. v. Ainslie

    Publication Date: 2024-02-12
    Practice Area: Contracts
    Industry: Financial Services and Banking
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: C. Barr Flinn, Paul J. Loughman, Alberto E. Chávez, Skyler A. C. Speed, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE; David A. Paul, Virginia J. Cardenas, Sid Nadkarni, Cantor Fitzgerald, New York, NY; Benjamin R. Nagin, Eric G. Hoffman, Sidley Austin LLP, New York, NY; Tacy F. Flint, Frank J. Favia, Jr., Sidley Austin LLP, Chicago, IL for appellant.
    for defendant: Blake A. Bennett, Cooch & Taylor P.A., Wilmington, DE; Kyle W. Roche, Kyle Roche P.A., New York, NY; Velvel Freedman, Alex Potter, Freedman Normand Friedland LLP, New York, NY for appellees.
    Case Number: 162, 2023

    A "forfeiture-for-competition" provision in a partnership agreement did not qualify as a restraint on trade, and thus partners who had negotiated and benefitted from such a term would be held to the terms of their agreement due to the Delaware Revised Uniform Limited Partnership Act's express favor for the enforceability of contracts.

  • February 2, 2024 | Litigation Daily

    Litigator of the Week Runners-Up and Shout Outs

    Kaplan Hecker & Fink won a second verdict against former President Donald Trump for client E. Jean Carroll.

    7 minute read

  • January 23, 2024 | Pro Mid Market

    Litigation, IP Headlined Big Law Poaching by Midsize Firms in 2023

    Rate flexibility and client conflicts drove Big Law attorneys to smaller firms in 2023, leading to gains for Munsch Hardt Kopf & Harr in Texas, Stoel Rives in Oregon and Potter Anderson & Corroon in Delaware.

    6 minute read

  • Holifield v. XRI Inv. Holdings LLC

    Publication Date: 2023-09-18
    Practice Area: Corporate Entities
    Industry: Consulting | Energy | Investments and Investment Advisory
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Michael W. McDermott, Richard I. G. Jones, Jr., David B. Anthony, Zachary J. Schnapp, Harry W. Shenton, IV, Berger Harris LLP, Wilmington, DE for appellants.
    for defendant: A. Thompson Bayliss, Eric A. Veres, Abrams & Bayliss LLP, Wilmington, DE; Robert N. Hochman, Sidley Austin LLP, Chicago, IL, Margaret Hope Allen, Angela C. Zambrano, Yolanda Cornejo Garcia, Sidley Austin LLP, Dallas, TX; Robin Wechkin, Sidley Austin LLP, Issaquah, WA for appellee.
    Case Number: 407, 2022

    Court declined to disavow jurisprudence holding that parties to an LLC agreement could impose incurable voidness on purported transactions under the agreement since the Delaware Limited Liability Company Act gave broad contractual freedom in an operating agreement.

  • September 15, 2023 | Litigation Daily

    Litigator of the Week Runners-Up and Shout Outs

    When a $1 billion, top 20 all-time securities settlement is among the runners-up, you know it's been a crazy week.

    9 minute read

  • August 16, 2023 | Litigation Daily

    An Exceedingly Impressive Group of Litigator of the (Past) Week Runners-Up and Shout Outs

    Lawyers at Simpson Thacher & Bartlett and the Southern Poverty Law Center secured a ground-breaking ruling from the Fifth Circuit holding that a Mississippi law permanently disenfranchising people previously convicted of certain crimes amounted to unconstitutional cruel and unusual punishment.

    7 minute read

  • The Samuel J. Heyman 1981 Continuing Trust for Lazarus S. Heyman v. Ashland LLC

    Publication Date: 2022-10-04
    Practice Area: Contractual Disputes
    Industry: Chemicals and Materials | Investments and Investment Advisory | Manufacturing
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: William M. Lafferty, Miranda N. Gilbert, John P. DiTomo, Lauren N. Bennett, Thomas P. Will, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Robert N. Hochman, Heather Benzmiller Sultanian, Sidley Austin LLP, Chicago, IL; Eamon P. Joyce, Sidley Austin LLP, New York, NY; Andrew J. Rossman, Jonathon B. Oblak, Nicholas Hoy, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY for appellants.
    for defendant: Christopher Viceconte, Gibbons, P.C., Wilmington DE; Jennifer A. Hradil, William S. Hatfield, Camille V. Otero, Joshua R. Elias, Gibbons, P.C., Newark, NY for appellees.
    Case Number: 279, 2021

    Court reversed Superior Court's ruling in a breach of contract case finding that the clear and unambiguous language of the stock-purchasing agreement allocated all off-site environmental cleanup liabilities to appellee.

  • XRI Inv. Holdings LLC v. Holifield

    Publication Date: 2022-09-27
    Practice Area: Corporate Governance
    Industry: Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: A. Thompson Bayliss, John M. Seaman, Eric A. Veres, Daniel J. McBride, Abrams & Bayliss LLP, Wilmington, DE; Margaret H. Allen, Yolanda C. Garcia, Angela C. Zambrano, Sidley Austin LLP, Dallas, TX for plaintiff.
    for defendant: Michael W. McDermott, Richard I. G. Jones, Jr., David B. Anthony, Zachary J. Schnapp, Berger Harris LLP, Wilmington, DE for defendants.
    Case Number: 2021-0619-JTL

    Though the LLC agreement's provisions required declaring the transfer of member interest void ab initio, case law might need to be reconsidered to allow courts of equity to consider equitable defenses to breach of contract claims.

  • July 1, 2022 | Litigation Daily

    Litigator of the Week Runners-Up and Shout Outs

    Our first runners-up this week are defense lawyers who got a ruling from Michigan's high court knocking out criminal charges against a state official stemming from the Flint water crisis.

    6 minute read

  • March 11, 2022 | Litigation Daily

    Litigator of the Week Runners-Up and Shout Outs

    Our first Litigator of the Week runners-up this week at Winston & Strawn scored a major appellate reversal for Cox Communications. You might remember…

    6 minute read