News + Collective Insight

Regular news updates from our firm and professional insight from our team of expert advisors.

November 13, 2024

Halloran Farkas + Kittila LLP Welcomes Former Delaware Attorney General and Superior Court Judge M. Jane Brady

Halloran Farkas + Kittila LLP announced today that former Delaware Attorney General and Superior Court Judge M. Jane Brady has joined the firm from her private law practice as a litigation and corporate governance partner in its Delaware office. Brady served as the first woman Attorney General of the State of Delaware, a post she held for three terms, and has litigated more than 100 jury trials and more than 40 appeals before the Delaware Supreme Court...

September 27, 2024

HFK announces Proposed Settlement in James Bocock v. Innovate Corp., C.A. No. 2021-0224-PAF

Please see the attached documents relating to the Proposed Settlement: Stipulation and Agreement of Compromise, Settlement and Release; Notice of Pendency of Settlement of Action (Exhibit A to Stipulation and Agreement of Compromise, Settlement and Release); [Proposed] Order Approving Notice of Settlement and Scheduling Settlement Approval Hearing (Exhibit B to Stipulation and Agreement of Compromise...

April 20, 2024

Sifting through the Corporate Transparency Act: Keys to Understanding What This Means for Your Business

M. Halloran, L. Lerner, and M. Hobson of HFK speak on the importance of the Corporate Transparency Act, effective January 1, 2024 and what this means for your business and filing requirements moving forward in their publication on American Bar Association’s Business Law Today https://businesslawtoday.org/2024/04/corporate-transparency-act-key-elements-to-understand/

November 17, 2023

HFK Proudly Announces the Addition of John G. Harris as a Partner in the Delaware Office

John (“Jack”) Harris, Esq. has joined the Delaware office of HFK as a Partner in the Litigation Group. He has nearly 25 years of experience counseling and litigating on behalf of clients in complex corporate and commercial disputes in the state and federal courts in Delaware, particularly the Court of Chancery.

November 16, 2023

Mike Halloran of Halloran Farkas + Kittila Has Second Interview with Richard Hsu of HSU Untied Mike Halloran Part 2

Mike Halloran of Halloran Farkas + Kittila Has Second Interview with Richard Hsu of Hsu Untied.

June 16, 2023

Touring through Traditional Fiduciary Law, the DGCL, Delaware Corporate Law, and Delaware’s Support for Private Ordering with Vice Chancellor Laster

In a recent decision of the Delaware Court of Chancery, the reader is fortunate to be taken on a “tour” by Vice Chancellor J. Travis Laster “through traditional fiduciary law, the DGCL, Delaware corporate law, and Delaware’s support for private ordering” as he examined the validity of a consequential stockholder-level agreement.

August 24, 2022

HFK and Wolf Haldenstein announce Proposed Settlement in Inter-Marketing Group USA, Inc. v. PAA GP LLC and Plains All American Pipeline, L.P., C.A. No. 2017-0030-PAF.

Please see attached documents including Notice of Pendency of Derivative Action, Proposed Settlement of Derivative Action, Settlement Hearing, and Right to Appear, dated August 16, 2022, and Amended and Restated Stipulation and Agreement of Settlement, Compromise, and Release, dated August 5, 2022.

May 14, 2020

Good-Faith Determinations under the CARES Act Paycheck Protection Program

The American Bar Association is publishing a version of this article on its Business Law Today website.

April 29, 2020

Delaware Court of Chancery Gives the Little Guy a Break on E-Discovery Costs

The cost of producing documents and electronically stored information (“ESI”) in civil litigation today can be prohibitive for small companies and individual litigants

August 7, 2019

Acting Manager of LLC Subject to Personal Jurisdiction in Delaware: Case Law Precedents “Not Persuasive

Managers of Delaware limited liability companies can be compelled to appear in Delaware courts if they are either formally named as managers under an LLC’s operating agreement

March 18, 2019

Accountants Win Dismissal of Claim for Negligent Misrepresentation in Delaware Court of Chancery

Under Delaware law, while it is possible for a third party to state a claim against an auditor for negligent misrepresentation, a recent case shows how high the pleading bar must be.

February 11, 2019

Stockholders Can Hire Lawyers to Monitor Investments for Potential Litigation: Delaware Court of Chancery Gives Corporate Books to Law Firm Retained by Institutional Investor

stockholder plaintiffs in books-and-records actions under Section 220 of the Delaware General Corporation Law are required to have “substantive involvement” in the litigation

January 7, 2019

Corporations Cannot Bar Plaintiffs from Bringing Securities Law Claims in State Court: Delaware Court of Chancery Finds Federal-Forum Charter Provisions “Ineffective and Invalid”

Based on a recent Court of Chancery ruling, Delaware corporations cannot adopt charter provisions that require plaintiffs to go to federal court (rather than state court) to assert any claims made under the federal securities laws.

October 15, 2018

Passengers Will Please Refrain: Delaware Court of Chancery Upholds Contractual Waiver of Statutory Appraisal Rights in a Merger

Until recently, it was unclear whether a stockholder’s statutory right to appraisal of shares following a merger could be waived by contract.

August 27, 2018

Individual LLC Members Can Be Held Liable for Breach of LLC Agreement

Vice Chancellor Laster of the Delaware Court of Chancery held that members of an LLC who voted to terminate the membership of another member (Shah) were jointly and severally liable with the company.

July 24, 2018

Directors, Found Not Liable as Directors, May Be Liable as Officers in Suit Brought by Sole Holdout Stockholder

Directors of Delaware corporations cannot be held liable for breaches of the duty of care so long as their corporations’ charters include “exculpation” provisions.

April 30, 2018

Delaware Court of Chancery Awards Damages in Chevelle Case Based on Unjust Enrichment

Ordinarily, an action solely for money damages cannot be brought in the Court of Chancery because Delaware law provides that the Court of Chancery has jurisdiction over “matters and causes in equity”.

February 28, 2018

Delaware’s “Safe Harbor” for Self-Interested Transactions Is Not So Safe

Section 144 of the Delaware General Corporation Law provides a “safe harbor” for self-interested transactions between a corporation and one or more of its directors or officers, or between a corporation and another entity in which a director or officer has a material interest.

February 7, 2018

Delaware Supreme Court Affirms Dismissal of Wal-Mart Case

The Court found that the Arkansas plaintiffs’ representation of the corporation’s stockholders was not “grossly deficient” despite their failure to make a demand for inspection of corporate books and records under Section 220 of the Delaware General Corporation Law.

January 11, 2018

Director Compensation Amounts Must Be Approved by Stockholders to Avoid Entire-Fairness Review: Delaware Supreme Court Rejects “Meaningful Limits” Standard

The corporation, Investors Bancorp, Inc., was a publicly held bank holding company. The complaint asserted derivative claims against the corporation’s ten non-employee directors and two executive directors.

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