Scholarship On Delaware Corporate Litigation

Courtesy of a friendly email from Professor Larry Hamermesh, one of Delaware’s favorite corporate law professors, who is also a former Delaware corporate litigator, we have the good professor’s latest scholarship on cutting edge issues regarding Delaware corporate litigation. His latest … Continue reading

ABA Journal’s Annual Blog (Blawg) Contest

The ABA Journal is conducting its annual contest of the top legal blogs in the U.S. This hyperlink brings you to the ABA survey page. The full explanation from their website follows: Blawg 100 Amici We’re working on our annual … Continue reading

Chancery Rejects Two Separate M&A Settlements on Same Day

Two rejections by the Delaware Court of Chancery last week, on the same day, of two separate proposed settlements of two unrelated class actions challenging a merger, were reported by The Chancery Daily, Professor Bainbridge and Alison Frankel of Thomson Reuters. The … Continue reading

Interfacing of DGCL Section 141(e) and the Business Judgment Rule

Professor Stephen Bainbridge, one the nation’s leading corporate law scholars, who is often cited in Delaware opinions, addresses the titular issue in a blog post today, and invites commentary. Specifically, the good professor begins the discussion as follows: I’m pondering the … Continue reading

Delaware Insiders Give Insights on Delaware’s New Fee-Shifting Legislation

An insider’s view of the recent Delaware legislation banning fee-shifting bylaws is provided by Professor Lawrence Hamermesh and Norman Monhait as published in this post from the Institute of Delaware Corporate and Business Law. This is must reading for anyone who seeks … Continue reading

Dealing With Difficult Lawyers and Other Difficult People

One finds difficult personalities more often in lawyers as a group than in the general population as a whole. But there is hope. For the last 10 years or so, a well-respected Delaware lawyer has made an annual presentation with … Continue reading

Johnston on Advancement and Indemnification of Directors and Officers

William Johnston, one of Delaware’s premier practitioners of corporate litigation, is the lead author of a treatise recently published by Bloomberg BNA on the law of advancement and indemnification of directors and officers as well as insurance and exculpation as … Continue reading

Chancery to Decide Advancement Issue for CEO of Coal Mining Company

The Delaware Court of Chancery is scheduled to hear post-trial oral argument in connection with its expected ruling on a claim for advancement by the ex-CEO of Massey Energy, a coal mining company, who is scheduled to go on trial … Continue reading

Director Advancement and Indemnification Rights

The Delaware law of advancement and indemnification for directors and officers is not for the fainthearted. Much of the statutory interpretation in the case law is counterintuitive. Each year the ABA Business and Corporate Litigation Committee publishes recent developments in the … Continue reading

Bylaws Mandating Arbitration of Stockholder Disputes

Bylaws mandating arbitration of stockholder disputes and the related issue of forum selection clauses in bylaws are the topics covered in a recent law review article written by Claudia H. Allen that appears in the current issue of the Delaware … Continue reading