Discovery of Special Litigation Committee Documents Compelled
In Young v. Klaassan, (Del. Ch., April 25, 2008), read opinion here, the Chancery Court granted a motion to compel discovery of the documents that a special litigation committee relied on, and because the defendant referred to the committee’s finding in its motion … Continue reading
Chancery Provides Practical Guidance on “Inadvertent Waiver of Attorney/Client Privilege” and “Avoiding a Motion to Compel”
In re Kent County Adequate Public Facilities Ordinances Litigation Consolidated, (Del. Ch., April 18, 2008), read opinion here. The purpose of this post is to provide excerpts on discovery issues listed in the title above that every business litigator will encounter … Continue reading
Justice Scalia’s New Book on “How to Persuade Judges”
Here is an article from Law.com about the interview last night on 60 Minutes, of U.S. Supreme Court Justice Antonin Scalia, the first full-scale broadcast interview he has ever given since he became a SCOTUS justice 22 years ago. In … Continue reading
Delaware General Corporation Law in the 21st Century Symposium
On May 5th, Widener University School of Law in collaboration with Corporation Service Company (CSC) will be hosting a one day, interactive symposium which looks at The Delaware General Corporation Law (DGCL) in the 21st Century. The symposium aims to … Continue reading
Survey Says: Delaware Courts Are Number 1 Again
The U.S. Chamber of Commerce released its annual survey of the legal systems of the 50 states according to corporate lawyers who were polled, and for the 7th year in a row, the Delaware court system retained its number 1 ranking … Continue reading
S.D.N.Y. Applies Delaware Law to Dismiss Suit Based on Ruling that Pre-Suit Demand Not Excused
In re Morgan Stanley Derivative Litigation, No. 05 Civ. 6515 (S.D.N.Y. Mar. 27, 2008). The U.S. District Court for the Southern District of New York applied Delaware law to dismiss a derivative suit in this case based on the failure … Continue reading
Advice to Directors Based on Delaware Law
Here is a link via the Harvard Corporate Governance Law Blog to a memo by the Wachtell Lipton firm that provides wide-ranging suggestions to directors based on Delaware fiduciary duty case law, along with practical commentary that in some respects is … Continue reading
Chancery Decides Issue of First Impression: Nomination of Directors is Part of Right to Elect Directors
Levitt Corp. v. Office Depot, Inc., 2008 WL 1724244 ( Del. Ch., April 14, 2008), read opinion here. The Delaware Chancery Court was presented in this case with differing interpretations of an "advance notice bylaw" and the argument by Office Depot that … Continue reading
Delaware Chancery Court Interprets Lease Under D.C. Law
Liberty Property Limited Partnership v. 25 Massachusetts Avenue Property LLC, (Del. Ch., April 7, 2008), read opinion here. Even though the focus of this blog is on business litigation cases that apply Delaware law, I include this recent decision that … Continue reading
Welcome to the United States, Holy Father
Regardless of one’s religious persuasion or disinclination, I think that the visit starting today of His Holiness Pope Benedict XVI is an occasion for celebrating hope for all that is good and can be good about mankind, and for promoting … Continue reading
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