Key Delaware Corporate and Commercial Decisions in 2012

Posted on January 2nd, 2013 by Francis Pileggi

Noteworthy 2012 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 eighth year that we are providing an annual review of key Delaware corporate and … Continue reading →

Chancery Retains Jurisdiction Despite California Forum Clause

Posted on December 11th, 2012 by Francis Pileggi

Duff v. Innovative Discovery LLC, C.A. No. 7599-VCP (Del. Ch. Dec. 7, 2012). Issues Addressed: The Court of Chancery addressed the following issues in this opinion:  (1) Whether a forum selection clause providing for “sole” jurisdiction in California courts should … Continue reading →

Kuwaiti Company Gambles and Loses on Default Judgment; Court Enforces Forum Selection Clause

Posted on October 16th, 2012 by Francis Pileggi

Carlyle Investment Management L.L.C. v. National Industries Group (Holding), C.A. No. 5527-VCS (Del. Ch. Oct. 11, 2012). Issue Presented: Whether a default judgment should be opened when the defendant Kuwaiti company agreed to a forum selection clause in Delaware and … Continue reading →

Forum Selection Clauses in Delaware

Posted on August 28th, 2012 by Francis Pileggi

We have written often on thes pages about forum selection clauses choosing Delaware as an exclusive forum via amendments to a corporate charter or bylaws. Frank Aquila and Anna Kripitz of Sullivan & Cromwell add to the commentary with their … Continue reading →

Chancery Stays First-Filed Delaware Action Sua Sponte

Posted on June 6th, 2012 by Francis Pileggi

RWI Acquisition LLC v. Todd, C.A. No. 6902-VCP (Del. Ch. May 30, 2012). Issues Addressed (1) Whether the Court of Chancery had personal jurisdiction over the member of a Delaware LLC; and (2) Whether the Court could or should stay the … Continue reading →

Multiple New Suits Challenge Exclusive Forum Selection Bylaws in Delaware Court of Chancery

Posted on February 7th, 2012 by Francis Pileggi

We typically focus on summarizing corporate and commercial decisions of Delaware’s Supreme Court and Court of Chancery, but today we find noteworthy a bevy of new lawsuits just filed in the Delaware Court of Chancery. These new suits challenge bylaws in several companies … Continue reading →

Academic Analysis of M & A Litigation. Is Delaware Losing Market Share?

Posted on January 15th, 2012 by Francis Pileggi

Professor Steven Davidoff provides scholarly and statistical analysis of M & A litigation in a recently published article, in which he also addresses the issue of whether Delaware is “losing” that type of litigation to other states, and related aspects of this … Continue reading →

Court of Chancery Enforces Broad Forum Selection Clause; Enjoins First-Filed Action

Posted on September 30th, 2011 by Francis Pileggi

In ASDC Holdings, LLC, et al. v. The Richard J. Malouf 2008 All Smiles Grantor Retained Annuity Trust, et al., C.A. No. 6562-VCP (Del. Ch. Sept. 14, 2011), read opinion here, the Court of Chancery held that where a forum selection clause … Continue reading →

Prof. Davidoff on Prof. Grundfest’s “Delaware Choice of Forum” Strategy

Posted on October 26th, 2010 by Francis Pileggi

Professor Steven Davidoff provides scholarly commentary here on a lecture that Professor Joseph Grundfest recently presented to the Delaware Bench and Bar, as described here, that provides corporations a method to choose Delaware as the forum for intracorporate disputes. Several major … Continue reading →

Delaware Chancery Court Requires Party to Submit to Terms of Forum Selection Clause Despite that Party Being a Non-Signatory; Based on Equitable Estoppel

Posted on May 28th, 2009 by Francis Pileggi

Weygandt v. Weco, LLC, Del. Ch., No. 4056-VCS (May 14, 2009), read opinion here Issue Presented The question in this case is whether a non-signatory defendant can be required to appear in a forum chosen in an agreement executed by … Continue reading →

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