Peter B. Ladig and Elizabeth A. Powers Co-Author Two Articles Discussing Delaware Courts for the The Business Lawyer
Peter B. Ladig co-authored an article titled "Judicial Dissolution: Are the Courts of the State that Brought You In the Only Courts that Can Take You Out?*" This article discusses whether a state court can judicially dissolve an entity formed under the laws of another state. The recent dissolution of Interstate General Media, LLC, the limited liability company that owned The Philadelphia Inquirer, the Philadelphia Daily News, and the website philly.com, brought to light the issue of which court should hear the request for dissolution after two simultaneous actions were filed in the Commerce Court of the Philadelphia Court of Common Pleas and the Court of Chancery of the State of Delaware. They also analyze the historical attitude toward dissolution of domestic entities and why dissolution is different from other types of claims.
Elizabeth A. Powers co-authored an article titled "Delaware Courts Continue to Excel in Business Litigation with the Success of the Complex Commercial Litigation Division of the Superior Court.*" This article discusses the relatively new Delaware Superior Court's Complex Commercial Litigation Division ("CCLD") and its reputation as a premier business court in keeping with the Delaware judiciary’s tradition of excellence in the resolution of corporate and business controversies. The article further analyzes the benefits and advantages of the CCLD, as it offers litigants an alternative venue for complex commercial litigation where equitable jurisdiction is lacking. The authors conclude that thus far business litigants have embraced the CCLD due to its flexibility and responsiveness to the needs of the particular case.
*To access these articles in full you must have a membership to the American Bar Association.