Barry M. Klayman

Barry Klayman and Mark Felger Quoted in Delaware Business Court Insider

January 18, 2012

Barry Klayman and Mark Felger were quoted in the Delaware Business Court Insider article entitled ''Delaware Bankruptcy Court Expounds on Meaning and Significance of Stern'' regarding Judge Christopher S. Sontchi's views on the significance of the Supreme Court's decision in Stern v. Marshall.

Barry Klayman and Mark Felger Featured in Delaware Business Court Insider

August 10, 2011

Barry Klayman and Mark Felger featured in Delaware Business Court Insider

Chancery Court Addresses the Requirements for Issuing Letters of Request Under the Hague Convention

December 08, 2022

Barry Klayman and Mark Felger (Wilmington), writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery opinion that addressed the requirements for issuance of letters of request under the Hague Convention.

The Requirements of Equitable Fraud as a Basis for Chancery Court Jurisdiction

November 10, 2022

Barry Klayman & Mark Felger (Wilmington), writing in the Delaware Business Court Insider, discuss the requirements of equitable fraud as a basis for jurisdiction in the Court of Chancery in Delaware.

Court Upholds Garnishment of Beneficiary's Interest in Distributions From a Del. Statutory Trust

October 13, 2022

Barry Klayman and Mark Felger (Wilmington), writing in the Delaware Business Court Insider, discuss a recent decision by the Delaware Supreme Court upholding the garnishment of a beneficiary’s interest in distributions from a Delaware Statutory Trust.

Bankruptcy Code Preempts LLC Act's Statute of Repose for Recovery of Distributions

September 01, 2022

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by a judge in the Bankruptcy Court for the District of Delaware holding that Section 546 of the Bankruptcy Code preempts Delaware’s three-year statute of repose on the liability of a member for distributions from a limited liability company.

Chancery Lacks Jurisdiction to Award Damages for an Improvidently Entered Injunction in the Absence of a Bond

August 05, 2022

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision in the Court of Chancery holding that the court lacks subject matter jurisdiction to award damages for an improvidently granted injunction in the absence of a bond or other security.

Equity May Allow a Pro Rata Recovery in a Derivative Action [Delaware Business Court Insider]

July 06, 2022

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision by the Court of Chancery in which Vice Chancellor Laster discussed the circumstances under which the court might allow a pro rata recovery in the context of a derivative action.

Director's Access to Company's Privileged Information Upheld Despite Proxy Contest

June 01, 2022

Barry Klayman & Mark Felger (Wilmington), writing in the Delaware Business Court Insider, review a recent decision by the Court of Chancery in Delaware holding that where two halves of a deadlocked board are competing in a proxy contest, neither side could benefit from the company’s resources, including its privilege, to the exclusion of the other.

Stark Upholds Granting of Nunc Pro Tunc Retentions by Bankruptcy Court

May 04, 2022

Mark Felger and Barry Klayman co-authored an article on Law.com that analyzes U.S. District Court Judge Leonard P. Stark’s decision in City of Rockford v. Mallinckrodt (In re Mallinckrodt), 2022 WL 906451 (D. Del. Mar. 28, 2022).

Slights Addresses Third-Party Direct Actions by Judgment Holders Against an Insurer

March 31, 2022

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision in the Superior Court of Delaware that addresses whether a third party may bring a direct action against an insurer for coverage on a theory of subrogation when equitable subrogation does not apply and the right cannot be traced to a statute or contract.

Court Refuses Appointment of a Custodian Under DGCL Section 226(a)(3) to Continue Defunct Corporation

March 02, 2022

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision in the Delaware Court of Chancery refusing to appoint a custodian pursuant to Delaware General Corporation Law Section 226(a)(3) to continue the business of a defunct corporation.

The Common Law Insolvency Exception for the Sale of a Corporation's Assets Without Stockholder OK [Delaware Business Court Insider]

February 02, 2022

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision in the Delaware Court of Chancery reaffirming the continuing validity of the common law insolvency exception for the sale of all or substantially all of the assets of an insolvent or failing corporation without the requirement for stockholder approval.

Timely Appeal of Order of Dismissal Warrants Substitution and Further Proceedings by Chapter 7 Trustee

January 13, 2022

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by the Delaware Supreme Court directing the Court of Chancery to substitute a Chapter 7 trustee for the nominal defendant and realign it as plaintiff in a shareholder action that had been dismissed for failure to make a demand on the company’s board of directors, where the case was pending on appeal when the bankruptcy case was filed.

VC Glasscock on the Evolution of the Vested Rights Doctrine in Delaware

December 09, 2021

Barry Klayman & Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by Vice Chancellor Glasscock of the Delaware Court of Chancery reviewing the evolution of the vested rights doctrine in Delaware and synthesizing from prior case law a simplified test for its application.

Delaware Court Is Proper Forum to Address Issues Raised by Foreign Letters Rogatory

November 03, 2021

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by Judge Paul R. Wallace of the Delaware Superior Court holding that the Delaware courts are the proper forum for resolving issues raised by a subpoena issued pursuant to foreign letters rogatory, including the propriety and scope of the subpoena and whether the expenses of complying should be shifted from the non-party target to the requesting party.

Board's Delayed Response to Misconduct in Light of Enforcement Actions Defeats 'Caremark' Claim

October 07, 2021

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision by Vice Chancellor Slights of the Court of Chancery dismissing a claim that defendants violated their Caremark duties because plaintiff failed to adequately plead demand futility.

Chancery Holds Section 3104(d)(4) Provides Standalone Authority for Alternative Means for Service of Process

September 02, 2021

Barry Klayman & Mark Felger, writing in the Delaware Business Court Insider, review a recent decision by Vice Chancellor Slights of the Court of Chancery of Delaware holding that section 3104(d)(4) of the Delaware Long Arm Statute provides standalone authority for alternative means for service of process, and approving international service of a summons and complaint by email and posting at the defendants’ residences.

Sontchi Rejects Majority View on Test to Determine Whether a Business Trust Is an Eligible Debtor

July 01, 2021

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision from Chief Judge Sontchi of the Bankruptcy Court for the District of Delaware holding that the law of the jurisdiction in which a trust is organized governs whether it is a “business trust” that can be an eligible debtor under the Bankruptcy Code.

High Court Affirms Bankruptcy Ends LLC Membership but Not Member's Economic Interest

June 03, 2021

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision from the Supreme Court of Delaware affirming that the Bankruptcy Code does not preempt the Delaware Limited Liability Company Act to the extent that it divests members of an LLC who file for bankruptcy of the right to participate in the management of the company, but not their economic interest.

What Constitutes a Consumer Deposit for Priority Treatment Under the Bankruptcy Code

May 05, 2021

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision from the Bankruptcy Court for the District of Delaware discussing what is a consumer deposit for purposes of priority treatment under section 507(a)(7) of the Bankruptcy Code and holding that prepayments to a flight service company for future airplane flights were deposits within the meaning of the statute.

Motions for Partial Dismissal Toll the Period for Answering the Entire Complaint for Del.'s Note Action Statute

March 31, 2021

Barry Klayman & Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision from the Superior Court of Delaware holding that partial motions to dismiss toll the period for answering the entire complaint under Delaware’s Note Action Statute moving for partial dismissal before answering is not a procedural error necessitating a default or other repercussions.

The Doctrine of Unclean Hands as Guardian of Equity

March 03, 2021

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision from the Court of Chancery of Delaware that discusses the doctrine of unclean hands and explains how it serves as the guardian of equity and a vehicle for protection of the reputation of the court itself.

The Affiliate Privilege Doctrine Explained

February 03, 2021

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision from the Delaware Superior Court that serves as a primer on the affiliate privilege doctrine.

A Primer and a Warning for Section 220 Proceedings

January 14, 2021

Barry Klayman & Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision from the Court of Chancery in Delaware that serves as a primer on increasingly common defenses to stockholder books and records inspection demands and a cautionary tale for defendants in Section 220 proceedings who opt to pursue overly aggressive defense strategies that seek to place obstacles to the use of Section 220 as a quick and easy pre-filing discovery tool.

Chancery Holds First-Party Claims Covered by Standard Indemnity Provision in LLC Agreement Absent Express Contrary Intent

December 09, 2020

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by the Court of Chancery in Delaware holding that first-party claims are covered by a standard indemnity provision in a limited liability company agreement absent an express intent to the contrary, rejecting application of the presumption in a line of cases involving bilateral commercial contracts against fee-shifting with respect to claims between the contracting parties absent a clear statement allowing it.

Waiver of Partition Right Held Unenforceable Where Unlimited in Duration

November 04, 2020

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by the Court of Chancery in Delaware holding that a waiver of partition rights by co-tenants of real property was unenforceable because it was unlimited in duration.

Anti-Assignment Clause Prohibiting Assignment by Operation of Law Applies to Subsequent Merger

October 07, 2020

Barry Klayman and Mark Felger writing in the Delaware Business Court Insider, discuss a recent decision by the Superior Court of Delaware holding that an anti-assignment clause prohibiting an assignment “by operation of law” without the other party’s consent applied to a subsequent merger in which the contracting party was not the surviving entity.

Chapter 7 Trustee Can Abandon Looting Claims Back to Creditors Who Had Them Before the Bankruptcy

September 02, 2020

Barry Klayman and Mark Felger contributed an article to the Delaware Business Court Insider.

Seller's Privilege Claims Remain With Seller Unless Buyer Contracts for Waiver or Waiver Right

August 05, 2020

Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by the Delaware Court of Chancery holding that, unlike the rule in merger cases, the privilege for communications regarding an asset purchase agreement and associated negotiations does not pass to the purchaser by default operation of law, but remains with the seller unless the buyer contracts for something different.

You Are a Director or Officer and You Just Got Sued: What Indemnification and Insurance is Available to Protect You?

September 26, 2013 - Philadelphia, PA