Edward M. McNally

Edward M. McNally has more than 40 years of experience applying Delaware law. He is recognized for his knowledge of Delaware law in Delaware’s state and federal courts. Clients have asked Ed to represent them in major litigation in the Delaware courts more than 250 times. Delaware lawyers hire Ed to represent them in their own matters.

Ed has represented clients in jury and bench trials in virtually every type of business dispute before the Federal District Court, the Delaware Superior Court, the Delaware Supreme Court, and the Court of Chancery. His representations include major complex commercial litigation cases, contract disputes, corporate control and management issues, shareholder rights, employment and non-compete agreement disputes, and financial transaction matters. He is also an active mediator in business disputes.

Since 2005, Chambers USA has highlighted Ed McNally for the quality of his client counseling in Chancery matters. In Chambers USA 2013, market comments include "he "knows what he is doing" and he "has excellent judgment and is well respected. Sources also appreciated his connections and ability to deal with complex cases."

Experience

• Mergers and other transactions where some directors are alleged to have conflicts of interest
• Appraisal actions
• Determination of a corporation’s officers and directors in corporate control disputes
• Breach of contract claims
• Civil rights violation claims

Professional Affiliations

Delaware Voluntary Mediation Act, Principal Drafter
Delaware Superior Court Business Courts Committee, Past Member
Delaware Superior Court Toxic Torts Litigation Committee, Past Member by Court Appointment
Court of Chancery Historical Society, Past Member by Court Appointment
Delaware State Bar Association, Corporation Law Section, Past Chairman and Vice Chairman
Lawyers Fund for Client Protection, Past Chairman
American Bar Association, Business Law and Litigation Sections

Ammermon v. Feingold
Control of publicly traded corporation

Nicholas v. National Union
Insurance coverage dispute 

Kongsberg v. Teleflex
Contract dispute 

Julian v. Eastern States Const. Service, Inc.
Private company stock ownership

In re Philadelphia Stock Exchange, Inc.
Control battle over PHLX

Reserves v. Crystal Properties
Attorney's fees

Reserves Development LLC v. Severn Sav. Bank, FSB
Contract dispute

Northern Delaware Aquatic Facilities, Inc. v. Cooch & Taylor
Statute of limitations

Giles v. Kearney
Civil rights

Howard Hess Dental Laboratories Inc. v. Dentsply Intern., Inc.
Antitrust

AT&T Corp. v. Clarendon American Ins. Co.
Insurance coverage

Ginsburg v. Philadelphia Stock Exchange, Inc.
Control of PHLX

McKee v. McKee
Control of privately held corporation

Elsmere Park Club, L.P. v. Town of Elsmere
Civil rights

AT&T Corp. v. Faraday Capital Ltd.
Insurance coverage dispute

AT&T Corp. v. Clarendon America Ins.
Insurance coverage dispute

North American Catholic Educational Programming Foundation, Inc. v. Gheewalla
Creditor rights claim

In re Fruehauf Trailer Corp.
Pension plan

Canadian Commercial Workers Industry Pension Plan v. Alden
Attorney fee dispute

In re Astropower Inc. Securities Litigation
Securities litigation

Wawa, Inc. v. Government of New Castle County Delaware
Land use

Black v. Hollinger Intern. Inc.
Breach of fiduciary duty claims

Cede & Co. v. Joule, Inc.
Appraisal action

Saito v. McCall
Books and records case

Hollinger Intern. Inc. v. Black
Breach of fiduciary duty

Watkins v. New Castle County
Land use

Kerr-McGee Chemical, LLC v. Kemira Pigments Oy
Patent

Lieberman v. Delaware
Civil rights

H-M Wexford LLC v. Encorp, Inc.
Breach of contract

Rottlund Homes of New Jersey, Inc. v. Saul, Ewing, Remick & Saul, L.L.P.
Attorney malpractice

Gotham Partners, L.P. v. Hallwood Realty Partners, L.P.
Limited liability breach of fiduciary duty

EBS Litigation LLC v. Barclays Global Investors, N.A.
Stockholder dispute

Matter of Pursuit Athletic Footwear, Inc.
Contract dispute

In re Buckhead America Corp.
Fraudulent conveyance

W&G Seaford Associates, L.P. v. Eastern Shore Markets, Inc.
Contract dispute

Peninsula Methodist Homes and Hospitals, Inc. v. Architect’s Studio, Inc.
Contract dispute

Chrysler Corp. v. New Castle County
Contract dispute

Valencia v. Blue Hen Conference
Civil rights claim

Evans v. Buchanan
Civil rights claim

Latest Blog Posts

Delaware Business Litigation Report

• Court Of Chancery Addresses Conflicted Transaction And Secondary Liability
  Edward M. McNally, Albert J. Carroll
• Court Of Chancery Explains When A Minority Stockholder Has Control
  Edward M. McNally, Albert J. Carroll
• Court Of Chancery Explains Expanded Jurisdiction Under Director Consent Statute
  Edward M. McNally, Albert J. Carroll
• Court of Chancery Applies Revlon to a Warrant to Buy
  Edward M. McNally, Albert J. Carroll
• Superior Court Provides Guidance On When A Tort Claim May Be Based On A Breach of Contract
• Court Of Chancery Explains When Directors Lack Independence To Consider Pre-Suit Demand
  Edward M. McNally, Albert J. Carroll
• Court Of Chancery Awards Nominal Damages For Breach Of Fiduciary Duty
  Edward M. McNally, Albert J. Carroll
• Is Stockholder Litigation in Trouble in Delaware? An Update
• View More

Community

National Alliance for the Mentally Ill-DE, Past President
Town of Elsmere, Town Solicitor

Honors

JD Supra's Readers' Choice Award for Mergers & Acquisitions, 2018

Best Lawyers®, 2005-2018

Chambers USA – America’s Leading Lawyers for Business, 2005-2017

Delaware Super Lawyers®, 2007-2017

Benchmark Litigation, Local Litigation Star, 2010-2017

Lawdragon 500, National Finalist, 2010

United States District Court for the District of Delaware, Caleb R. Layton III Service Award, 2007

Martindale-Hubbell®, AV Rating