Key Delaware Corporate and Commercial Cases from the First Five Months of 2010

Francis G.X. Pileggi and Kevin F. Brady, over the last five months or so, have highlighted on this blog approximately 100 cases on corporate and commercial law from the Delaware Supreme Court and the Delaware Court of Chancery. Among those cases, we selected the following cases as the most notable... Continue Reading...

Attorney/Client Privilege Not Waived When Using Employer's Computer

The latest article for my regular ethics column in the current issue of The Bencher, the national publication of the American Inns of Court, on the topic of attorney/client privilege and waiver, is available here.... Continue Reading...

Key Corporate and Commercial Cases from Delaware for 2009

A review of key corporate and commercial cases from Delaware in 2009 follows in this post. Also, Francis Pileggi and Kevin Brady have written an article highlighting the "Top 5" key corporate and commercial cases for 2009 from Delaware's Chancery Court and Supreme Court . The article, available here, first... Continue Reading...

Penalties for Breaching Confidentiality Orders

For my regular ethics column in the current issue of The Bencher, the national publication of The American Inns of Court, I summarized a recent decision that addressed the consequences of an attorney not complying with an order requiring that certain documents in the litigation be maintained in confidence. Read... Continue Reading...

Chancery Court Describes Disclosure Obligations and Revlon Duties of Directors in Transaction

The Washington Legal Foundation published an article here last week that is an overview I did of the recent Delaware Chancery Court decision in Wayne County Employees’ Retirement System v. Corti, 2009 Del. Ch. LEXIS 126 (Del. Ch. 2009). The Court's opinion describes the duties of directors in the context... Continue Reading...

Key Delaware Corporate Decisions: Jan. to June 2009

Wilmington litigator Kevin Brady and I co-authored an article for the current issue of the ABA magazine called Business Law Today in which we highlighted the key Delaware corporate decisions from the first half of 2009. Here is the article.... Continue Reading...

Court Addresses Conflict Issue in Fee Agreement of Class Counsel

Sheldon Rennie, a corporate litigation partner who was instrumental in helping me start the Wilmington office of Fox Rothschild, co-authored my regular ethics column for the current issue of The Bencher, the national publication of the American Inns of Court. Read article here. The article summarized a recent decision of... Continue Reading...

California Decision Backs Attorney's Refusal to Give Privileged Documents to Corporate Director

My regular ethics column for the national publication of the American Inns of Court, called The Bencher, in its March/April 2009 issue, presented an overview of a California decision that backed the lawyer for a corporation who refused to disclose to a corporate director certain documents that were deemed covered... Continue Reading...

Selected Key Corporate and Commercial Delaware Decisions in 2008

My annual review of selected key corporate and commercial Delaware decisions in 2008 is here. The Delaware Law Weekly published it in its current issue. (Due to its length, this week only Part I appeared and next week the second half of the article will be published.) My short reviews... Continue Reading...

Ethics Column: New York Court Upholds Binding Arbitration Clause in Fee Agreement

The latest article for my regular ethics column that will be published in the upcoming issue of The Bencher, the national publication of The American Inns of Court, is here. It describes a recent New York decision that upheld a binding arbitration clause in a fee agreement between a law... Continue Reading...

Governance of Delaware LLCs

Recent Articles Published

Texas Court Exonerates Firm on Fee Dispute

Overview of Key 2007 Decisions from Delaware's Chancery Court and Supreme Court

ABA Newsletter of Business and Corporate Litigation Committee

Article on Conflicts of Interest

Ethics Column

E-Discovery Guidelines in U.S. District Court in Delaware

Summary of Delaware Corporate Cases for 2006

Importance of Independence for Directors.

Request for Books Denied per DGCL Section 220

Unsolicited E-Mails Not Confidential.

"Deepening Insolvency" Not a Cause of Action in Delaware

"Super Lawyers" Designation May Violate NJ Rules

Flexibility of Equitable Remedies

Conflict Between Shareholder and Corporation

Arbitration is Not Always Better

Legal Ethics Require Software Knowledge

Serving as Lawyer to the Legislature: Drafting Laws and Giving Legal and Political Advice to Legislators

Jurisdiction over Non-residents in Delaware based on Civil Conspiracy with a Delaware Entity

Recent Delaware Chancery Court Decision Clarifies Shareholders' Right to Books and Records

A Short Overview of Recent Developments in Electronic Discovery

Recent Delaware Supreme Court Decision Clarifies Definition of Independence of Directors

Court Enforces Restrictions on Competition by Ex-Employees

Chancery Court Reviews Board's Duties in Light of Lock-up Provision

Legislation Expands Jurisdiction of Delaware Court of Chancery

Justice Scalia Clarifies Standards for Recusal

Congress Passes New Ethics Rule for Lawyers

Recent Ohio Decision Clarifies Conflict of Interest Rule for Matters