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Exculpatory Clauses Liability

Jones Day

Fifth Circuit Reins in Bankruptcy Court Gatekeeping in Chapter 11 Plans

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Provisions in chapter 11 plans releasing non-debtors from liability for pre-bankruptcy conduct in exchange for funding for plan distributions or post-confirmation operations have long been used as a means to facilitate...more

Cadwalader, Wickersham & Taft LLP

Delaware Supreme Court Enforces Partnership Agreement’s Unambiguous Exculpation Provision Waiving Fiduciary Duties and Presuming...

On December 19, 2022, Chief Justice Seitz issued an opinion for a unanimous Delaware Supreme Court, sitting en banc, reversing and remanding the Delaware Court of Chancery’s decision in Bandera Master Fund LP v. Boardwalk...more

Cadwalader, Wickersham & Taft LLP

Delaware Court of Chancery Allows Merger-Based Breach of Fiduciary Duty Claims to Proceed Against Target Company CEO, Financial...

On January 29, 2021, Vice Chancellor Laster of the Delaware Court of Chancery refused to dismiss a shareholder class action stemming from the 2019, $2.2 billion sale of Presidio, Inc., an IT solutions provider specializing in...more

Ward and Smith, P.A.

Liability Waivers and Questionnaires in the Time of COVID-19

Ward and Smith, P.A. on

As businesses begin to re-open and re-engage their workforce, and in light of the ongoing COVID-19 pandemic, it is worth exploring requiring your employees (and in certain circumstances, customers) to execute a liability...more

Kelley Drye & Warren LLP

Exculpatory Agreements: Mitigating COVID-19 Related Risks as the Economy Reopens

Stores, restaurants, bars, and other customer-facing business owners are in various stages of reopening around the country and facing a patchwork of regulations and recommendations for dealing with the ongoing pandemic. Many...more

Shutts & Bowen LLP

A Pricey Drafting Error in a Jewelry Store Lease

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Many of the topics we cover in this space ultimately come down to problems in drafting.  Of course, these drafting issues aren’t apparent when the parties execute the lease, contract, or other document....more

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