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Summaries and analysis of recent Delaware court decisions concerning business-related litigation.

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Court Of Chancery Gives Definitive Explanation On Advancement Procedures

White v. Curo Texas Holdings LLC, C.A. 12369-VCL (February 21, 2017)

Once the right to have fees advanced has been determined, the tricky issue is how to decide if the actual fees requested fall within the scope of the advancement rights. The Court of Chancery has adopted what is known as the Fitracks procedure, where the bills are subject to a meet and confer process with a set of rules to guide the outcome. This decision provides what may well be the definitive explanation of how that process is supposed to work, including how to resolve disputes at the advancement stage and what objections actually can be made to payment.