Key Delaware Corporate and Commercial Decisions in First 4 Months of 2012

The following key Delaware corporate and commercial decisions from the first four months of 2012 are a follow-up to our summary of the key decisions that we featured from 2011. We highlight on these pages all the corporate and commercial opinions from … Continue reading

Attorneys’ Fees for Non-Monetary Corporate Benefit Upheld by Supreme Court

EMAK Worldwide, Inc. v. Kurz, No. 512, 2011 (Del. April 17, 2012). Several prior decisions in this matter by both the Delaware Supreme Court (whose stately building in Dover is featured at right), and the Court of Chancery were summarized … Continue reading

Delaware Supreme Court Addresses Contract Interpretation Issue

BLGH Holdings LLC v. enXco LFG Holding, LLC, 2012 Del. LEXIS 165 (Del.  Supr. Mar. 27, 2012). Issue Addressed The issue presented here is one of contract interpretation: Does the provision in the LOI that conditioned a bonus payment on … Continue reading

Supreme Court Affirms Dismissal of Chancery Case Due to Lack of Prosecution

Solow v. Aspect Resources, LLC,  Del. Supr., No. 484, 2011 (Mar. 19, 2012). Issue Adressed: Does the Court of Chancery have the discretion to dismiss a case due to lack of activity by the plaintiff for over a year and … Continue reading

Delaware Supreme Court Recognizes Attorney Lien in Settlement Proceeds

Doroshow, Pasquale, Krawitz & Bhaya v. Nanticoke Memorial Hospital and Maria Acosta, Del. Supr., No. 41, 2011 (Jan. 23, 2012) Issue Addressed Whether Delaware recognizes an attorney’s right to assert a charging lien. Answer:  Yes.  (Compare recently recognized “attorney retaining … Continue reading

Delaware Supreme Court Reverses Chancery on Federal Motion to Dismiss Standard

Cambium Ltd. v. Trilantic Capital Partners, No. 363, 2011 (Del. Supr, Jan. 20, 2012), read Order here. This Order of the Delaware Supreme Court applied the recent decision of Delaware’s High Court in the Central Mortgage case in which it clarified that … Continue reading

Delaware Supreme Court Chief Justice Myron Steele Speaks at Stanford Law School

The Honorable Myron T. Steele, Chief Justice of the Delaware Supreme Court, spoke at the Stanford Law School’s Rock Center for Corporate Governance on the topic of “Shareholder Empowerment v. Board Authority” recently. The video and audio clip of His Honor’s presentation … Continue reading

Noteworthy 2011 Corporate and Commercial Decisions from Delaware’s Supreme Court and Court of Chancery

Noteworthy 2011 Corporate and Commercial Decisions from Delaware’s Supreme Court and Court of Chancery. By:  Francis G.X. Pileggi and Kevin F. Brady. Introduction This is the seventh year that we are providing an annual review of key Delaware corporate and … Continue reading

Delaware Supreme Court Refuses to Seal Letter Regarding Former CEO of Hewlett-Packard

Hurd v. Espinoza and Hewlett-Packard Company, No. 167, 2011 (Del. Supr., Dec. 28, 2011; corrected on Dec. 29, 2011), read Delaware Supreme Court opinion here. The Chancery decision appealed from was highlighted on these pages here. The New York Times online article about … Continue reading

Delaware Supreme Court Determines that Law of Spain Applies to Shareholder Suit

Sagarra Inversiones, S.L. v. Cementos Portland Valderrivas, S.A., No. 425,2011 (Del. Supr., Dec. 28, 2011), read opinion here. The Chancery decision appealed from was highlighted on these pages here. A related Chancery decision in this case was summarized on this blog here.  Issue … Continue reading