Burrowing and Boobytraps: How Trump’s Eleventh-Hour Maneuvers Differ From Those of Previous Lame-Duck Presidents—and How They Don’t

MICHAEL C. DORF

Cornell law professor Michael C. Dorf argues Trump’s actions during his final months are different from those of past presidents, and particularly dangerous. As Dorf explains, Trump is aiming to do damage for its own sake, whereas other lame-duck presidents have at least sought to advance policy aims in pursuit of some conception of the common good.

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Franco v. Avalon Freight Services LLC

Docket: C.A. No. 2020-0608-MTZ

Opinion Date: December 8, 2020

Judge: Morgan T. Zurn

Areas of Law: Business Law

The Court of Chancery granted Defendants' motion to dismiss Harley Franco's action filed under 6 Del. C. 18-110 and 6 Del. C. 18-111 seeking a declaration that because Franco no longer agreed to Doug Houghton's continued service on the Avalon Freight Services LLC Board of Directors, Houghton must be removed from the Board, holding that section 3.1 of the Avalon LLC Agreement did not empower Franco to unilaterally remove Houghton from the Board. Franco interpreted section 3.1's requirement that the fifth director of the Avalon Board - Houghton - be mutually agreement upon and appointed by Franco and one other director to mean that if Franco no longer agreed to houghton's continued service, Houghton must be removed from the Board. The Court of Chancery dismissed the action, holding that that Franco may not unilaterally remove Houghton from the Avalon Board.

Stream TV Networks, Inc. v. SeeCubic, Inc.

Docket: C.A. No. 2020-0766-JTL

Opinion Date: December 8, 2020

Judge: Laster

Areas of Law: Contracts

In this case involving the validity of an agreement (the Omnibus Agreement) between Stream TV Networks, Inc., its two secured creditors, and fifty-two of its stockholders, the Court of Chancery denied Stream's motion for a preliminary injunction and granted SeeCubic Inc.'s motion for a preliminary injunction, holding that the Omnibus Agreement was valid. In the Omnibus Agreement, Stream agreed to transfer all of its assets to SeeCubic, an entity controlled by Stream's secured creditors. Stream argued that the agreement was invalid and sought a preliminary injunction to prevent SeeCubic from taking any action to enforce it. SeeCubic, on the other hand, argued that the agreement was valid and sought a preliminary injunction preventing Stream or any third-party defendants from taking any action to interfere with it. The Court of Chancery granted SeeCubic's motion, holding that none of Stream's arguments against the validity of the agreement had merit and that SeeCubic was entitled to a preliminary injunction.