Chancery Addresses Advancement and Indemnification of Corporate Officer

In Pontone v. Milso Industries Corp., C.A. No. 8842-VCP (Del. Ch. Aug. 22, 2014), the Delaware Court of Chancery addressed the rights to advancement and indemnification of attorneys’ fees for a corporate officer pursuant to both DGCL Section 145 and … Continue reading

New Article by Chief Justice Strine and Vice Chancellor Laster

To paraphrase a former tag line for a former investment management firm, when Delaware Supreme Court Chief Justice Leo Strine, Jr. and Vice Chancellor J. Travis Laster of the Delaware Court of Chancery co-author an article on a cutting-edge topic … Continue reading

Wall Street Journal Article on Al Gore’s New Suit in Delaware Court of Chancery

We have previously on these pages highlighted litigation involving a contract dispute in the Delaware Court of Chancery, and an appeal before the Delaware Supreme Court between AT&T and the U.S. cable network that Al Jazeera bought from a company … Continue reading

Chancery Hears Fee-Shifting Bylaws Argument

After the Delaware Supreme Court decision in ATP Tour, Inc. v. Deutscher Tennis Bund, Del. Supr., No. 534, 2013 (May 8, 2014), highlighted on these pages, in which the court  upheld fee-shifting bylaws, a number of companies have adopted such bylaws, and several … Continue reading

Article on Corporate Benefit Doctrine: Basis to Award Attorneys’ Fees

Bloomberg BNA Corporate Law and Accountability Report* recently published my short article on the corporate benefit doctrine as a basis for the award of attorneys’ fees, as applied by the Court of Chancery in Sutherland v. Sutherland, a decision summarized on … Continue reading

Justice Joseph T. Walsh, RIP

Justice Joseph Walsh recently passed away and will be sorely missed. He was a legend of the Delaware bench, having served on the Court of Chancery, Superior Court and almost two decades on the Delaware Supreme Court. He authored many important … Continue reading

Court Awards Fees Based on Corporate Benefit Doctrine

Sutherland v. Sutherland, C.A. No. 2399 -VCN (Del Ch. July 31, 2014). This Delaware Court of Chancery decision involving a long-running internecine legal battle among family members who own and manage related corporations, is noteworthy because it applies the corporate … Continue reading

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

Ethics Article on Conflicts of Interest

My most recent ethics column for The Bencher, the national publication of the American Inns of Court, discussed recent decisions that applied several rules applicable to conflicts of interest issues, including Rules 1.7, 1.9 and 1.10.

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