The Royer Report
Motion to Amend for Consideration of Variable Member Interests Granted
Lazar v. Mor, 2024 Gabriel Lazar and Joel Sheinbaum, et al., the plaintiffs, moved for leave to file a second amended complaint, adding two breach of contract claims against Arik Mor and Uriel Zichron, the defendants. Background. This action arose from a dispute among...
Bankruptcy Appellate Panel Denies Employee Members of ESOP Claims Against Debtors
Bennetti v. Oxford Restructuring Advisors LLC 2023 The Bankruptcy Court did not err in disallowing claims against debtors based on rights in an ESOP. The ESOP, an S corporation, was only obligated to provide ESOP members with the right to have distributions in cash....
U.S. District Court Overturns Jury Award for Consequential Damages
Endless River Techs. LLC v. Trans Union LLC, 2023 The parties had entered into a development agreement and contract for services for “the joint development and commercialization of a method for providing insurers on-line, real time comparison price quotes to...
Bankruptcy Court Decides on Debtor Qualification as a ‘Small Business’ Under Chapter 11
In re Hillman, 2023 In this bankruptcy, ULM challenged the filing by the debtor, Michelle Corbin Hillman, that “the Debtor is ineligible to elect to proceed with her case under Subchapter V of Chapter 11 … because she is not a ‘person engaged in commercial or...
U.S. District Court Overturns Jury Award for Consequential Damages
Endless River Techs. LLC v. Trans Union LLC, 2023 The parties had entered into a development agreement and contract for services for “the joint development and commercialization of a method for providing insurers on-line, real time comparison price quotes to...
Nevada Appellate Court Affirms Value of Husband’s Business and His Separate Property Value in the Business
Mamone v. Mamone, 2023 Shane Mamone appealed from a district court order in a domestic matter. Shane incorporated his own construction company, SCM, in Las Vegas. He put forth significant effort to grow SCM, including making trips to Asia where he was able to obtain...
Bankruptcy Appeals Panel Affirms Confirmation of Chapter 11 Plan Despite Objection of Largest Unsecured Creditor
Albaad USA, Inc. v. GPMI, Co. (In re GPMI, Co.), Bankr This case involved an appeal by a creditor in a bankruptcy case that objected to the approval by the Bankruptcy Court of the debtor’s (GPMI) Chapter 11 plan. Finding no error, the Bankruptcy Appeals Panel (BAP)...
U.S. District Court Overturns Jury Award for Consequential Damages
U.S. District Court (New York) Rules Interest Rates on Loans Are Not Usurious
Golock Capital, LLC v. VNUE, Inc., 2023 “Golock Capital, LLC (Golock) and DBW Investments, LLC (DBW; together, Plaintiffs) issued seven loans in the form of convertible promissory notes to VNUE, Inc. (VNUE). Golock and DBW have sued VNUE for breach of its...
Delaware Supreme Court Upholds ‘Entire Fairness’ of a Tesla Acquisition
In re Tesla Motors Stockholder Litig., 2023 This was an appeal of an April 2022 Chancery Court opinion. At issue was the 2016 stock acquisition of SolarCity Corp. by Tesla Inc. Tesla’s shareholders claimed that Elon Musk caused Tesla to overpay for SolarCity through...