Limited Partnership Issues Addressed
In Hillman v. Hillman, 2006 WL 2434231 (Del.Ch., Aug 23, 2006), read revised opinion of November 2006 here, the Delaware Chancery Court addressed many issues related to the status of a former general partner who claimed that he had an option to retain … Continue reading
5 Rules of Survival For Lawyers
Prof. McGowen of the Legal Ethics Forum blog, provides a list of "5 Rules of Survival for Lawyers" to students in his legal ethics class. They are useful for practicing Delaware lawyers too, even those engaged in business litigation. … Continue reading
Sharesleuth.com
Prof. Bainbridge posts about a new site from Mark Cuban that is intended to expose misleading accounting and analyze other shenanigans of those companies and their directors not followed closely by analysts or the popular press–which includes the majority of … Continue reading
Inspiration
Everyone can benefit from inspiration and my friend Steve Jakubowski of the Bankruptcy Litigation Blog provides inspiration in large amounts with his very moving eulogy for his mother. Here is the link: Bankruptcy Litigation Blog: May It Please the [Heavenly] … Continue reading
Deepening Insolvency Not Cause of Action in Delaware
Prof. Larry Ribstein has a characteristically insightful and scholarly post on a very recent Chancery Court opinion that announces that there is no separate cause of action in Delaware called "deepening insolvency", just as there is no cause of action … Continue reading
Choice of Law and Forum
Prof. Ribstein discusses a recent analysis by Eisenberg and Miller with “interesting data on the relationship between choice of incorporating state and choice of law and forum in merger agreements.” He also refers to his own extensive writings on the … Continue reading
Supreme Court Affirms Contract Interpretation and Application of Preincorporation Agreement Doctrine
In Lorillard Tobacco Co. v. American Legacy Foundation, read opinion here, the Delaware Supreme Court affirmed the Chancery Court’s reading of a contract that memorialized the settlement between the nation’s largest tobacco companies and 46 states. The Chancery Court’s decision … Continue reading
Independent Contractor v. Employee
In Falconi v. Coombs & Coombs, Inc., read opinion here, the Delaware Supreme Court addressed an issue of interest to many business lawyers–including business litigators: When is a worker an independent contractor as opposed to an employee. This decision was made … Continue reading
Motion To Expedite Failed Due To Absence of Irreparable Harm
In Gomi Investors, LLC v. Schimmell Holdings, Inc., read opinion here, Chancellor Chandler denied a motion to expedite proceedings in light of the absence of irreparable harm. In this Chancery Court letter opinion, the Court also found that the real … Continue reading
McWane Standard Applied In Favor of First-Filed Suit
In General Video Corp. v. Kertesz, read opinion here, the Chancery Court applied the familiar McWane [263 A.2d 281,283 (Del. 1970)], standard to stay this Delaware action in favor of Texas actions that were first-filed and involve sufficiently similar issues, thus warranting … Continue reading
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