Legal Ethics
Here is yesterday’s decision from the Delaware Supreme Court that serves as a reminder that Delaware’s highest court takes very seriously its role as enforcer of the ethics rules that apply to lawyers. The case caption is: In the Matter of a … Continue reading
Chancery Refuses to Enforce Inequitable Windfall Resulting from Illicit Scheme
In Patel v. Dimple, 2007 WL 2353155 (Del. Ch., Aug. 16, 2007), read opinion here, the Chancery Court addressed the situation where both parties had "unclean hands". The court explained that the familiar "unclean hands doctrine", often used as an … Continue reading
Race-Based Admissions at Law Schools
On the theory that all lawyers should have an interest in the composition of our profession (i.e., who goes in and who comes out of our law schools), a recent post here by Prof. Bainbridge tells us what the U.S. … Continue reading
Electronic Discovery Wake-Up Call
Here is a case update from the Electronic Discovery Law blog about a group of lawyers involved in the Qualcomm v. Broadcom trial in federal court in California, who are now suffering a "world of hurt" for not being in … Continue reading
Chancery Imposes Conditions on Stay in Favor of Pending Foreign Actions
Diedenhofen-Lennartz v. Diedenhofen, 2007 WL 2296828 (Del. Ch., Aug. 8, 2007), read opinion here. This case involves a Motion to Dismiss in favor of earlier-filed actions already pending in the courts of Germany, Canada and California, based on the familiar … Continue reading
Director Primacy
Here is a summary by Professor Bainbridge for the book he is writing on Director Primacy.
Chancery Defers Fiduciary Duty Claims Until SEC Rules on Federal Claims; Companion Case Compares TRO v. Preliminary Injunction Requirements
CBOT Holdings, Inc. v. Chicago Board Options Exchange, Inc., 2007 WL 2296355 (Del. Ch., Aug. 3, 2007), read opinion here. Please note that a separate decision between the same parties was issued by the Chancery Court on the same date, denying … Continue reading
Executing on Judgments via Wage Attachments
In Gamles Corp. v. Gibson, (Del. Supr., August 7, 2007), read opinion here, the Delaware Supreme Court discusses the procedure for attaching wages to collect a judgement as well as the date in Delaware when a judgment can expire if … Continue reading
Board Permitted to Postpone Shareholder Vote on Merger It Expected to Lose
In Mercier v. Inter-Tel (Delaware), Incorporated, 2007 WL 2332454 (Del. Ch. Aug. 14, 2007), read opinion here, the Chancery Court provides a veritable "mini-textbook" on the Delaware corporate law that applies to the review of actions taken by directors in connection … Continue reading
Excessive Executive Compensation (looting?) Claim Allowed to Proceed
In Re: infoUSA, Inc. Shareholders Litigation, 2007 WL 2332543 (Del. Ch., Aug. 13, 2007), read opinion here.[updated/revised opinion here.] This Chancery Court decision serves as a veritable “litigator’s guide” on how to successfully plead a derivative case to challenge allegedly … Continue reading
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