In the News...

Delaware Court of Chancery imposes extreme remedy for failure to produce books and records in Delaware

BY IRWIN KISHNER AND DANIEL A. ETNA, HERRICK FEINSTEIN LLP A Delaware Court of Chancery decision highlights the importance of complying with the books and records requirements imposed by Section 220 of the Delaware General Corporation Law. At issue was a Delaware corporation operating in China which failed to comply with a December 2012 default judgment ordering it to produce corporate books and records in Delaware pursuant to Section 220. The corporation was only willing to make its books and records available for inspection at its principal office in China. The court held the corporation in contempt of court and…

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China Chicanery

BY KAJA WHITEHOUSE US Marshals raided a Brooklyn home this week, looking for books and records of a China-based cable company accused of stiffing its shareholders, The Post has learned “We are leaving no stone unturned,” said Rob Seiden, the receiver who has been tasked with locating ZST’s assets for Deutsch. . . Read More

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Managing Partner, Rob Seiden, Writes About Vetting Arbitrators for Possible Conflicts of Interest

With the increasing use of arbitration as an alternative to full-blown litigation, the risk of a conflict of interest by an individual arbitrator has grown, too. BY ROBERT W. SEIDEN With the increasing use of arbitration as an alternative to full-blown litigation, the risk of a conflict of interest by an individual arbitrator has grown. This risk can be mitigated significantly by the use of comprehensive and exhaustive investigative due diligence, background checks, and investigative link analysis to determine the connections between an arbitrator and one of the parties or counsel in the arbitration. This investigation will invariably help to…

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