Court Enforces Restrictions on Competition by Ex-Employees

A recent Chancery Court decision reaffirmed the traditional enforceability of agreements to restrict competition by ex-employees. The recent decision by Vice Chancellor Noble limited the period of restriction against competition to two years instead of the three years that was … Continue reading

Federal Court Stays Delaware State Court Action

This may be an infrequently encountered point, but as recent posts have discussed the overlap of bankruptcy law and Delaware corporate law, I mention here the overlap of Federal jurisdiction and Delaware corporate law. In an unreported ruling from the … Continue reading

Effect of Bankruptcy on Statutes of Limitations for Appraisal

In Encompass Services Holding Corp. v. Prosero, Inc, Del. Ch., No. 578, February 3, 2005 (Parsons, V.C.), the Chancery Court determined that the deadline for filing an appraisal action under Section 262 of the Delaware General Corporation Law was equitably … Continue reading

Good Article on Recent Case

A useful article discussing recent Delaware Chancery Court cases that refer to the interfacing of bankruptcy law and corporate law was written by Dennis Connolly and Caroline Keller in the March 7, 2005 issue of the National Law Journal. The … Continue reading

Thank you Professor Bainbridge

I want to thank Prof. Bainbridge for linking my blog to his blog. As an aside, he will give the Pileggi Lecture for the upcoming 2005 Annual Francis G. Pileggi Distinguished Lecture in Law, hosted by Widener University School of … Continue reading

Chancery Court Reviews Board’s Duties in Light of Lock-up Provision

In the recent case of Orman v. Cullman, the Court of Chancery on October 20, 2004 denied a claim that the Board of Directors of General Cigar Holdings impermissibly coerced the shareholders to vote for a merger because of a … Continue reading

Legislation Expands Jurisdiction of Delaware Court of Chancery

Legislation in 2003 passed by the Delaware Legislature expands the Delaware Court of Chancery’s jurisdiction over major business disputes involving technology issues, and also adds a cutting-edge and controversial provision that allows for confidential mediation by the Court of substantial … Continue reading

Thank you Professor Ribstein

I want to thank Professor Larry Ribstein for favorably mentioning my blog on his Ideoblog found at http://busmovie.typepad.com/ideoblog. He gave a lecture in Delaware not long ago, and wrote a law review based on it, as part of a lecture … Continue reading

Thank you Professor Gordon Smith

I owe a debt of gratitude to Prof. Gordon Smith for his kind reference to the debut of my blog in his highly regarded blog called The Conglomerate which can be found at www.theconglomerate.org. Coincidentally, Prof. Smith is in Delaware … Continue reading

Reasonableness of Indemnification Amount

In the recent case of Tafeen v. Homestore, Inc., Chancellor Chandler reviewed the decision of a Special Master involving the determination of the reasonableness of the amount of a request for the advancement of attorneys’ fees in an indemnification and … Continue reading