Review of Recent Delaware Corporate Decisions and Electronic Discovery Rulings

Kevin F. Brady and Francis G.X. Pileggi co-authored an article for the NYU Journal of Law & Business, whose Spring 2010 issue just came online yesterday. The title of the article is: Recent Key Delaware Corporate and Commercial Decisions, and in addition to corporate opinions from 2009 and … Continue reading

Chancery Refers Non-Equitable Case to Superior Court; Suggests New Complex Commercial Litigation Division

Massachusetts Mutual Life Insurance Company v. Certain Underwriters at Lloyd’s of London, C.A. No. 4791-VCL (Del. Ch. Sept. 24, 2010), read opinion here. A prior decision by the Court of Chancery in this case, which denied a motion to dismiss on … Continue reading

Another Reason for Local Counsel?

Courtesy of Charles Fincher at www.lawcomix.com

Investment Fund Partners Required to Make Capital Call; Chancery Rejects Supervening Frustration Argument

McReynolds v. Trilantic Capital Partners IV, L.P., C.A. No. 5025-VCL (Del. Ch. Sept. 23, 2010), read opinion here. Short Overview The Delaware Court of Chancery rejected the argument of certain limited partners of an investment fund who filed suit to … Continue reading

Non-Signatory Shareholders Bound to Agreement; Court Cannot Waive Contractual Fee-Shifting Provision

Aveta, Inc. v. Bengoa, C.A. No. 5074-VCL (Del. Ch. Sept. 20, 2010), read opinion here. The five prior decisions in this matter highlighted on this blog are available here. Brief Overview This is the sixth decision by the Court of … Continue reading

Contested Director Elections in Delaware

Recent decisions from Delaware’s Supreme Court and Court of Chancery involving contested director elections and proxy solicitation were discussed in an article appearing in the current issue of the ABA’s Business Law Today, co-authored by Delaware litigators Francis G.X. Pileggi … Continue reading

Fiduciary Duties of Officers

The Delaware Journal of Corporate Law has an article in its current issue that explores the fiduciary duty of officers (as compared to directors). The title of the article is Gantler v. Stephens: Big Epiphany or Big Failure? A Look at … Continue reading

Corporate Defenses to New SEC Proxy Access Rules

Prof. J.W. Verret penned an article that examines potential options for corporations in connection with addressing the new SEC proxy access rules. Both the article and the interesting commentary it has generated, are available here.

Corporate Governance and Data Privacy/Security Issues

Kevin F. Brady recently published an article entitled: "Who is Mining the Store? Corporate Governance and Data Privacy/Security Issues", which originally appeared on The Conference Board’s Governance Center Blog, and with their permission is available for your reading pleasure here … Continue reading

Directorship 100

The September issue of Directorship, the magazine of the National Association of Corporate Directors, featured the 100 most influential people in corporate governance. Of course, one would expect to see the members of Delaware’s Supreme Court and Court of Chancery on … Continue reading