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Delaware Cracks Down on Discovery Abuse
December 19, 2018
Chancery Recommends Rule to Determine Preclusive Effect of Judgments in Prior Derivative Actions
August 9, 2017
High Court Resolves $2B 'True Up' Dispute Against Acquirer
July 12, 2017
Chancery Holds That Deal Price Is Fair Value in Massive Appraisal Fight
June 28, 2017
Structural Coercion Negated Cleansing Effect Under 'Corwin'
June 14, 2017
Court of Chancery Dismisses Post-Closing Challenge to Merger Transaction
June 7, 2017
Ten Recent Delaware Merger and Acquisition Cases Applying Corwin
June 1, 2017
Stockholders' Complaint Survives Chancery's 'Corwin' Analysis
May 3, 2017
Stockholder Vote Enjoined Over Banker's Financial Interest in Merger
April 13, 2017
Del. Justices Award Attorney Fees Under Promissory Note Fee-Shifting Provisions
April 3, 2017
Recent Developments in Business and Corporate Litigation, 2013-2017 Editions
Chapter: General Partnerships, Joint Ventures, Limited Partnerships, and Limited Liability Companies
The Perils of Advancement
March 14, 2017
Delaware Supreme Court Precludes Fraudulent Inducement of LLC Agreement and Employment Agreement as Defense in Advancement Proceeding
February 2017
Court Dismisses Derivative Action in Stockholder's Litigation Demand
February 1, 2017
Transaction Advisors Publishes Morris James Article on Significant Delaware Decisions of 2016
January 17, 2017
When Is a Manager Not Really a Manager?
January 11, 2017
Reliance on Extra-Contractual Statements in Fraud Claim
December 22, 2016
Use of Agreed-Upon Search Terms Not Proxy for Gathering All Responsive Info
December 14, 2016
Claims That Controlling Stockholder Received Unique Benefits Dismissed
December 7, 2016
Court Dismisses Derivative Claim for Alleged Breach of Oversight Duty
November 30, 2016
Brett McCartney Contributes To ABA Business Law Section Publication Titled In Sights November 2016
November 16, 2016
Court Relies on Fully Informed Uncoerced Stockholder Vote in 'Revlon' Challenge
November 9, 2016
Be Careful What You Ask For: Court of Chancery Finds Corporate Law Governs LLC Based on Drafting of LLC Agreement
November 4, 2016
Challenge to a Squeeze-Out Merger Dismissed Under MFW Framework
November 2, 2016
Dismissed Dell Appraisal Claimants Settle With Company
October 19, 2016
Court Applies 'Corwin' and Upholds Board's Adoption of Dissolution Plan
October 12, 2016
Do Funders Deserve Benefit Fees?
October 5, 2016
Pleading Tortious Interference With Prospective Business Relations Claim
September 28, 2016
Company's Position Taken in Bankruptcy Voids Noncompete Obligations
September 7, 2016
Advancement Rights of Present and Future Officers Under LLC Agreement
August 31, 2016
Court: Derivative Claims Allowed to Be Asserted as Part of Merger Attack
August 24, 2016
Brett McCartney Contributes To ABA Business Law Section Publication Titled In Sights August 2016
August 2016
Are Appraisal Cases to Decline?
August 17, 2016
How to Determine Whether the Statute of Limitations or Laches Applies
August 10, 2016
Fair Value in Arm's-Length Third-Party Transactions
August 3, 2016
Majority of Fully-Informed, Disinterested Stockholders Insulated Merger from Attack
July 27, 2016
Court Tackles Nonmember Appointed as a Special Litigation Committee
July 13, 2016
Chancery Declines to Require Buyer to Complete Merger Transaction
July 6, 2016
The Problem With Delaware Business Valuations
June 29, 2016
A Fun New Fact Pattern for Demand Futility
June 22, 2016
Dell Decision Grants Claimants Fair Value Award Above Merger Price
June 15, 2016
When Do Inconsistent Contract Interpretations Preclude Reformation?
June 8, 2016
Disregard of Speculative Financial Projections Was Not Bad Faith
June 1, 2016
Brett McCartney Contributes To ABA Business Law Section Publication Titled Insights
May 2016
Dell Shareholders' Appraisal Claims Denied After Voting Mishap
May 25, 2016
Court Upholds Allegedly Unfair Master Limited Partnership Transaction
May 18, 2016
How to Win After You Lost: Examining "Trados"
May 11, 2016
Delaware Developing Solid Record of "Staying in Its Lane"
May 4, 2016
Exercise of General Jurisdiction Over Foreign Corporations Overturned
April 27, 2016
Court of Chancery Eyes Duties in Deals Involving Stockholder
April 20, 2016
What Non-Delaware Lawyers Need to Know About e-Discovery in Delaware
April 14, 2016
Breach of Fiduciary Duty Claim Subsumed by Breach of Contract Claim
April 13, 2016
Court Upholds but Limits Claims Arising From Merger Agreement
April 6, 2016
Chancery Applies 'Rales' in Dismissing Derivative Claim
April 4, 2016
Are Disclosure-Only Claims Dead Yet?
March 24, 2016
Contractual Stipulations of Irreparable Harm: Helpful But Not Determinative
March 16, 2016
Duplicative Discovery Not Objectionable Unless 'Fully' Duplicative
March 10, 2016
When a Director May Inspect the Company's Books and Records
March 2, 2016
Chancery Analyzes Limits of 'Reasonable Conceivability'
February 24, 2016
Derivative Settlement With Benefit Personal to Plaintiff Rejected
February 10, 2016
How to Answer When an Activist Calls
February 3, 2016
Tension Between 'Aronson' Analysis and the Standard of Review
January 28, 2016
Court Explains Rigorous 'Caremark' Pleading Requirements
January 20, 2016
Chancery Defers to Indian Corporation's Delaware Choice of Venue
January 15, 2016
When Deciding Whether to Judicially Dissolve an LLC, the Court May Find the “Purpose” of the LLC to Be Different Than What Is Stated in the LLC Agreement
December 2015
Is an Offset Allowed for Amounts Unrelated to the Claim Asserted?
January 6, 2016
Preservation of Option to Pursue Claim Not Threatened Action
December 23, 2015
Supreme Court Clarifies Contours of In Pari Delicto Doctrine
December 9, 2015
Goldman Sachs May Still Be Liable After Board's Fiduciary Duty Breach Exculpated
November 25, 2015
Does General Release Also Cover Noncompete Agreement?
November 19, 2015
Chancery Rejects Facebook Stockholder Ratification Argument
November 12, 2015
Merger Price Is Best Evidence of Fair Value in Appraisal Action
November 4, 2015
The Increasing Role of Equity in Delaware LLC Litigation
October 2015
Are Merger Objection Suits a Dying Breed?
October 21, 2015
Elizabeth A. Powers Contributes to Articles in Delaware State Bar Association's
New Lawyers’ Survival Guide
2015
Business Judgment Standard for Disinterested-Stockholder Approval
October 14, 2015
Judicial Dissolution: Are the Courts of the State that Brought You In the Only Courts that Can Take You Out?
October 13, 2015
Delaware Courts Continue to Excel in Business Litigation with the Success of the Complex Commercial Litigation Division of the Superior Court
70 The Business Lawyer 1059 (Fall 2015)
Fraud Vitiated Special-Committee Process in Dole Merger
October 7, 2015
Nature of Company's Defenses Can Expand Scope of Discovery
September 30, 2015
Defectively Issued Stock Declared Valid After Section 205 Analysis
September 23, 2015
Chancery Dismisses Complaint for Failure to Allege Noncompliance
September 17, 2015
Should Proxy Contests Be Fair?
September 9, 2015
How Courts Can Address Litigation Misconduct Using Ethical Rules
September 2, 2015
Non-Appearing Appraisal Claimants' Right to Settle Claims Affirmed
August 26, 2015
Not All Unauthorized Computer Conduct May Violate Delaware Statute
August 19, 2015
Appraisal Claims Dismissed Due to Custodial Banks' Technical Acts
August 17, 2015
Recent Developments in Business and Corporate Litigation, 2015 Edition
Chapter: Business Courts
Notice of Stockholder Meeting Required to Enforce Advance Notice Bylaws
August 5, 2015
Court of Chancery Dismisses Derivative Claims Even Though Entire Fairness Arguably Applied
July 31, 2015
Delaware Expands Jurisdiction Over Directors
July 23, 2015
Chancery Court Upholds Indicted Ex-Director's Advancement Rights
July 8, 2015
Do Equities Militate Against Restrictions Barring Petition for Dissolution?
July 1, 2015
Attorney Fees Awarded Notwithstanding Failure to Prove Damages for Breach
June 24, 2015
Chancery Court Expands on When Legal Fees Can Be Advanced
June 17, 2015
'Cornerstone' Decision Reinforces Del. Corporate Law Bedrock Principles
June 10, 2015
Proxy Puts: Consider With Caution
June 3, 2015
How Collateral Estoppel Can Be Your Best Friend in Stockholder Litigation
May 27, 2015
Violation of Corporate Charter: Breach of Contract, Fiduciary Duties or Both
May 20, 2015
Court of Chancery Clarifies Creditors' Rights
May 13, 2015
Inconsistent Positions Appear to Contribute to Interlocutory-Appeal Denial
May 6, 2015
Delaware Life & Health Insurance Law
2007, 2011, 2013, 2015, 2017
Arbitration Constitutes a First-Filed Action Under 'McWane' Doctrine
April 29, 2015
Chancery Applies Contract Principles in Preferred-Shares Dispute
April 23, 2015
The Narrow Contours of the Implied Covenant of Good Faith
April 8, 2015
GM Faces Constituency Director Conflict Issues
April 1, 2015
Recent Developments in Business and Corporate Litigation, 2012-2015 Editions
Chapter: General Partnerships, Joint Ventures, Limited Partnerships, and Limited Liability Companies
Recent Developments in Business and Corporate Litigation, 2013-2014 Editions
Chapter: General Partnerships, Joint Ventures, Limited Partnerships, and Limited Liability Companies
Stating Proper Purpose Doesn't Guarantee Books-and-Records Entitlement
March 18, 2015
Chancery Enjoins Board in Potential Stockholder Dilution Scheme
March 12, 2015
Derivative Action Stayed Pending $228.9M Appeal
March 4, 2015
Delaware Adopts Curative Procedures for Invalid Past Corporate Actions
February 25, 2015
Rare Guidance on the Duty to Supplement Interrogatory Responses
February 18, 2015
Choice-of-Law Agreements and Public Policy Enforceability Exception
February 11, 2015
Chancery Court Applies New Statutory Amendment Retroactively
February 4, 2015
Negotiating Admitted Facts in Pretrial Stipulation
January 28, 2015
Delaware Supreme Court to Chancery: You Have Broad Powers
January 21, 2015
Chancery Court Permits Appraisal Arbitrage
January 14, 2015
Del. Justices Reverse Injunction Halting Sale of Control Transaction
January 7, 2015
Do Post-Closing Merger Price Adjustments Comport With DGCL?
December 30, 2014
Business Torts: A Fifty State Guide, 2007-2015 Editions
Chapter: Delaware
Failure to Make Capital Contribution Does Not Necessarily Result in Reduction of Interest in LLC or LP
December 2014
Senior Lawyers Must Be Involved in Privilege Log Preparation
December 23, 2014
Has the Chancery Court Created a New Tort?
December 17, 2014
Derivative Claims Dismissed for Failure to Plead Sufficient Facts
December 10, 2014
Allergan Stockholders' Board-Removal Contest Was Not Ripe
December 3, 2014
Failure to Include Acceleration Clause Costly
November 26, 2014
Delaware Continues Struggle Over Multijurisdictional Litigation
November 19, 2014
Rural/Metro May Affect Delaware Breach of Fiduciary Duty Litigation
November 5, 2014
An Ounce of Preservation Is Worth a Pound of Argument
October 29, 2014
Claims Challenging Stock Issuance Validity Subject to Stay
October 22, 2014
Company Ordered to Produce Records Related to Subsidiaries
October 15, 2014
The Dilemma of the Unintended Fiduciary
October 8, 2014
Court of Chancery Rejects Limits on Advancement Rights
October 1, 2014
Entire Fairness for One, Entire Fairness for All
September 24, 2014
Does the Business Judgment Rule Protect a Board's Stock Award?
September 17, 2014
Chancery Court Confirms Fluctuating Interest Rate Is Appropriate
September 10, 2014
Will Chancery Court Remedy Your Problems in Another Tribunal?
September 3, 2014
Alternative Business Court in Delaware Gives Corporations More Choice, More Control
May 28, 2014
Delaware Supreme Court Adopts Exception to Attorney-Client Privilege
August 13, 2014
Chancery Court Reforms Management Agreements
August 5, 2014
Modest Reflections on the State of Delaware Litigation
July 30, 2014
Chancery Court Dismisses Revlon and Quasi-Appraisal Claim
July 23, 2014
Stockholder Derivative Actions With Pending Federal Securities Actions
July 9, 2014
Chancery Court Rejects Trading Restriction as Condition of Receipt
July 2, 2014
Is the Court of Chancery Reforming Stockholder Litigation?
June 25, 2014
Avoiding the Entire-Fairness Standard of Review
June 18, 2014
Standard to Allege Mismanagement in Motion to Dismiss Section 220 Complaint
June 4, 2014
Will Delaware Still Take Your Case?
May 14, 2014
Lessons for Controlling Stockholders in Squeeze-Out Mergers
April 30, 2014
Are Noncompete Agreements Only a Click Away?
April 16, 2014
Guidance on Use of Deposition Testimony in Motions to Dismiss
April 9, 2014
A Strong Message to Bankers Playing Both Sides of Sales Processes
March 26, 2014
Delaware Expands Remedies for Former Employee Misconduct
March 19, 2014
Is Delaware Closing the Door to Foreign Tort Claimants?
March 5, 2014
Is Delaware Expanding Summary Judgments?
February 26, 2014
No Fiduciary Duty to Repurchase Minority Stockholder Shares
February 19, 2014
Chancery Orders Specific Performance of Email Agreement
February 12, 2014
Delaware Expands Insider-Trading Claims
February 5, 2014
Do “At-the-Market” Stock Offerings Allow a Board to Comply with Its Duty to Price Stock Issued Under Delaware Law?
February 2014
Advancement Denied to Board Chair Following LLC's Conversion
January 29, 2014
Section 220 Complaint Dismissed Pursuant to Rule 12(b)(6)
January 15, 2014
Equitable Tolling and Insider-Trading Claims
January 8, 2014
Inadvertently Waiving Right to Seek Judicial Dissolution of LLC: It is Easier to do than You Think
January 1, 2014
Forum Selection Provisions in Corporate Charters and Bylaws: Validity vs. Enforceability
December 2013
Assessing Subject-Matter Jurisdiction in Chancery Court
December 18, 2013
An Evolving Approach to Multijurisdictional Litigation
December 11, 2013
Rule 5.1 Gets Its First Major Test
December 4, 2013
The Resurrection of the Implied Covenant of Good Faith and Fair Dealing in the Alternative Entity Context?
Fall 2013
Section 225 Order Stayed Pending Expedited Appeal
November 27, 2013
Chancery Relies on Merger Price to Determine Fair Value
November 20, 2013
Must Board Elections Be Fair?
November 6, 2013
Supreme Court Applies 'Reasonable Conceivability' Test
October 23, 2013
Court of Chancery Denies Request to Redact Opinion
October 16, 2013
Chancery Closing the Door to Multidistrict Litigation
October 9, 2013
Watch Out When Waiving Privilege
October 2, 2013
Supreme Court Reaffirms Fraud Exception's Narrow Scope
September 25, 2013
Caremark Claims Remain Difficult to Plead Successfully
September 18, 2013
Are Preferred Stockholders Second-Class Citizens?
September 4, 2013
Chancery Court Reaffirms Entire-Fairness Application
August 28, 2013
The Risk of Self-Help Inconsistent With an LLC Agreement
August 21, 2013
Is Duty of Good Faith and Fair Dealing Still Alive in Del.?
August 14, 2013
The Other 'Nessie': An Order Vacating an Arbitral Decision
July 31, 2013
Books-and-Records Action Dismissed for Failing to Comply With Section 220
July 24, 2013
Are Appraisal Cases Coming Back?
July 17, 2013
Court Upholds Facial Validity of Board-Approved Bylaws
July 10, 2013
Good-Faith and Fair-Dealing Claims Get a New Life
June 26, 2013
Has the Merger Defense to Derivative Litigation Ended?
June 12, 2013
Expedition Doesn't Extend to Non-Colorable Claims
June 5, 2013
Stockholder Established Harm but Not Equities Balance
May 29, 2013
Is the Court of Chancery Reforming Merger Litigation?
May 15, 2013
Should Directors Sue Their Company for Its Misdeeds?
May 8, 2013
Court of Chancery Addresses At-Issue Exception to Attorney-Client Privilege
May 1, 2013
The Debate on How to Remedy the Problem of Fast-Filing Plaintiffs in Derivative Actions Continues
May 2013
The Debate on How to Remedy the Problem of Fast-Filing Plaintiffs in Derivative Actions Continues
May 2013
When Is Advice of Counsel a Defense You Can Raise, but Not Disclose?
April 24, 2013
Does Allergan Spell Litigation Relief?
April 17, 2013
Delaware Expands Stockholders' Right to Sue
March 27, 2013
Do Directors of Foreign-Based Companies Have Greater Liability Exposure?
March 20, 2013
What to Expect From Your Delaware Counsel
March 6, 2013
Asserting or Defending Against a Potential Usurpation of Corporate Opportunity Claim
February 6, 2013
Contract Precludes Litigation — Almost
January 30, 2013
What's Behind the Chancery Court's New Rule 5.1
January 23, 2013
Delaware Supreme Court Radically Changes Discovery Scheduling Practice
January 9, 2013
A Roundup of Recent Court of Chancery Rulings on Discovery
December 12, 2012
The Court of Chancery Speaks by Transcript
September 12, 2012
Court of Chancery Explains Why Not All Sale Processes Require Entire Fairness or Revlon Review
September 5, 2012
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