Tenth Circuit Applies Delaware Law in Advancement Case

Posted on March 31st, 2009 by Francis Pileggi

Westar Energy, Inc. v. Lake, 552 F.3d 1215 (10th Cir. 2009). See prior post on trial court opinion here. Danielle Blount, an associate in our Delaware office, provided the following case summary. In this decision of the U.S. Court of … Continue reading →

Chancery Clarifies Limitations on Contractual Waiver of Duties in Corporations v. LLCs

Posted on March 31st, 2009 by Francis Pileggi

Sutherland v. Sutherland, 2009 WL 750287 (Del. Ch., March 23, 2009). Professor Larry Ribstein, a nationally recognized expert on LLCs, provides an analysis of this Chancery Court opinion which demonstrates how one can waive duties in the LLC format but such waivers … Continue reading →

Chancery Court Determines Third-Party Consents Can Thwart Purchase Agreement Resulting in Significant Damage Awards

Posted on March 31st, 2009 by Francis Pileggi

West Willow-Bay Court, LLC v. Robino-Bay Court Plaza, LLC,  Del. Ch., No. 2742-VCN (Feb. 23, 2009), read opinion here. Danielle Blount, an associate in our Delaware office, prepared the following summary of the case. In this post-trial opinion, the Delaware … Continue reading →

Chancery Court Dismisses Suit for Breach of Non-Competition Covenant Due to Lack of Personal Jurisdiction

Posted on March 30th, 2009 by Francis Pileggi

Mobile Diagnostic Group Holdings, LLC v. Suer,  Del. Ch., No. 4298-CC (March 24, 2009), read opinion here. Kevin Brady, a highly respected Delaware litigator, provides us with the following review of this decision. Chancellor Chandler dismissed this action seeking to enforce the … Continue reading →

Civil Rights Expert, Professor Leland Ware, Publishes Book with Foreward by Vice President Joe Biden

Posted on March 29th, 2009 by Francis Pileggi

 I am pleased to help to publicize a recent publication by a civil rights expert and friend, Professor Leland Ware. Professor Ware formerly was a trial attorney in the Civil Division of the U.S. Department of Justice and is now … Continue reading →

Chief Justice Myron Steele Speaks on the Future of Fiduciary Duties in Corporate Law

Posted on March 28th, 2009 by Francis Pileggi

Professor Gordon Smith has a post here about a seminar at Notre Dame Law School on the Future of Fiduciary Duties in Corporate Law  that was held this past Friday. Delaware Supreme Court Chief Justice Myron Steele was the keynote speaker, … Continue reading →

Unanimous Delaware Supreme Court Addresses Revlon and Caremark Issues

Posted on March 26th, 2009 by Francis Pileggi

Lyondell Chemical Co. v. Ryan, Del. Supr. (March 25, 2009), read opinion here.  See revised opinion of  April 16, 2009 here. The Delaware Supreme Court rendered this unanimous en banc decision last evening. It was much anticipated in the corporate … Continue reading →

Chancery Court Allows Counterclaim in Dissolution Case

Posted on March 21st, 2009 by Francis Pileggi

In Re Ech, LLC, and In Re Ech Management, LLC, (Del. Ch., March 12, 2009), read short letter decision here.  The procedural noteworthiness of this ruling is that the Chancery Court refused to dismiss a counterclaim  by one member of the … Continue reading →

Blogging Light

Posted on March 20th, 2009 by Francis Pileggi

Blogging may be light over the next week or so.

Chancellor Chandler to Speak in North Dakota

Posted on March 20th, 2009 by Francis Pileggi

Chancellor William B. Chandler of the Delaware Court of Chancery is scheduled to speak at a symposium in North Dakota with other corporate law experts. The symposium relates to the North Dakota Publicly Traded Corporations Act and details are here. One … Continue reading →

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