Statutory Construction and the “Absurdity Doctrine” or “Scrivener’s Error” Exception.
In the case titled: In Re Last Will and Testament of Palecki, 2007 WL 1229498 ( Del. Ch., April 26, 2007 ), read opinion here, the Chancery Court provides a thorough discussion of statutory construction principles and the danger of the … Continue reading
Chancery Refuses To Excise Allegedly Confidential Facts From Opinion
In Viking Pump Inc. v. LIberty Mutual Insurance Co., (Del. Ch., April 13, 2007), the Chancery Court, in a letter ruling, read here, agreed to clarify a minor point in its recent opinion, summarized here, but refused to excise certain facts that one … Continue reading
Sarbanes Oxley and Delaware Law on Loans to Officers
Prof. J. Robert Brown posts here on his blog called The Race to The Bottom about the restriction in Section 402 of the Sarbanes Oxley Act on loans by a company to its officers, compared with the generally deferential review under Delaware’s business … Continue reading
New Default Standards for Electronic Discovery in U.S. District Court in Delaware
The Default Standards for Electronic Discovery in the U.S. District Court for the District of Delaware have been updated to reflect the recent amendments to the Federal Rules of Civil Procedure. Kevin Brady and I are publishing a short article … Continue reading
Delaware Courts Are Number 1 Again
Once again, for the 6th year in a row, Delaware ranked first among all the states based on a survey by the U.S. Chamber of Commerce of each state’s legal climate/court system, as reported today by The Wall Street Journal … Continue reading
Willie Gary Wins Portion of Requested Legal Fees
As reported earlier here, the well-known attorney Willie Gary had requested fees of over $100 million as sanctions against Motorola for their alleged violation of a sequestration order that allegedly was the cause of a mistrial. Recently, a Florida judge … Continue reading
North Dakota Competes for Delaware’s Corporate Business
Prof. Larry Ribstein provides scholarly analysis here on the Harvard Corporate Governance Blog about the new North Dakota Publicly Traded Corporation Act which is seen as an attempt to take "corporate business" away from Delaware, with provisions that read like … Continue reading
Future of the Global Law Firm
Ideoblog here features a mind-stretching, learned debate on the future of the global law firm, addressing such topics and whether the rules should change to allow these firms to be publicly traded. The exchange is among Professors Larry Ribstein, Milton Regan and … Continue reading
Outside Director Liability: A Perfect Storm
Gordon Smith writes here about an article in today’s The Wall Street Journal that describes the successful efforts by a bankruptcy trustee in collecting money from outside directors of a bankrupt company, and why in that case it was a … Continue reading
Not In Delaware
Delaware’s judiciary has a good reputation among lawyers and other constituencies. I am certain one would never see anything in Delaware such as that indicated in the below cartoon by Charles Fincher of www.lawcomix.com:
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