Delaware Supreme Court Requires Wal-Mart to Produce Privileged Documents

Wal-Mart Stores, Inc. v. Indiana Electrical Workers Pension Trust Fund IBEW, Del. Supr., No. 614, 2013 (July 23, 2014). This Delaware Supreme Court en banc opinion requires Wal-Mart to produce documents about an alleged bribery scandal involving their Mexican subsidiary. … Continue reading

Discussion of Key Delaware Corporate and Commercial Decisions from 2014

Delaware’s Key Corporate and Commercial Cases January through June 2014 You are invited to a free audio conference for a discussion of the top ten decisions of 2014 to date from Delaware’s Supreme Court and Court of Chancery. Thursday, July 24, … Continue reading

Corporate Benefit Doctrine Not Applicable to Volunteers

Raul v. Astoria Financial Corporation, C.A. No. 9169-VCG (Del. Ch. June 20, 2014). Issue Addressed: Whether attorneys’ fees were appropriate under the corporate benefit doctrine when the court considered the benefit to be in the nature of volunteer help, and … Continue reading

ABA Journal Picks Top Law Blogs

To quote Professor Bainbridge: The ABA Journal is again accepting nominations for their Blawg 100. I’m not allowed to nominate myself, but I am allowed to tell you that you can nominate me here.

ABA’s Business Lawyer Publication Seeking Authors

At the request of the ABA, I am publishing the following notice: The Editorial Board of The Business Lawyer is soliciting submission of articles and essays for Volume 70. TBL is the flagship scholarly journal of the American Bar Association  Section … Continue reading

Nuances on Advancement of Fees for Counterclaims Against Directors and Officers

Pontone v. Milso Industries Corp., C.A. No. 7615-VCP (Del. Ch. May 29, 2014). Issue Addressed: The appropriate standard to apply to determine whether counterclaims are covered for purposes of a former director’s entitlement to advancement of attorneys’ fees. Short Background … Continue reading

Delaware Securities Act Not Applicable to Actions Outside of Delaware

Eurofins Panlads, Inc. v. Ricerca Biosciences, LLC, C.A. No. 8431-VCN (Del. Ch. May 30, 2014). This Delaware Court of Chancery opinion provides an analysis of the Delaware Securities Act and concludes that it does not apply to the alleged fraud … Continue reading

Justice Jacobs’ Top 20 Delaware Decisions

The Hon. Jack Jacobs recently completed 29 years as a member of the Delaware Judiciary, first as a vice chancellor on the Court of Chancery and then as a Justice on the Delaware Supreme Court. He had all the best qualities that … Continue reading

“Close Corporation” Defined for Purposes of Hobby Lobby Decision

Yesterday’s decision of the U.S. Supreme Court in the Hobby Lobby case that granted “close corporations” the right to exercise the religious beliefs of their owners in order to avoid the imposition of one of the new health care law’s requirements … Continue reading

Chancery Awards Fees For First Time Based on Delaware Computer Misuse Act

Wayman Fire Protection, Inc. v. Premium Fire & Security, LLC, C.A. No. 7866-VCP (Del. Ch. June 27, 2014).  This Delaware Court of Chancery ruling is noteworthy for at least two reasons: (I) it applies a powerful tool that businesses can use against competitors … Continue reading