Professor Stephen Bainbridge, a nationally-prominent corporate law professor whose voluminous scholarship is often cited in Delaware corporate law decisions, was kind enough to share our annual review of key Delaware corporate decisions via Twitter with the following high praise, while referring to a subscription-only publication called The Chancery Daily which reports on decisions from Delaware’s
18th Annual Review of Key Delaware Corporate and Commercial Decisions
By: Francis G.X. Pileggi* and Sean M. Brennecke**
Courtesy of the Delaware Business Court Insider, which published this article in two parts (it’s 34-pages long), this is our annual review of key Delaware corporate and commercial decisions.
This year’s list focuses, with some exceptions, on the unsung heroes among the many decisions that have
Chancery’s novel timeliness ruling gives opioid suit against AmerisourceBergen board a little more time
This post was prepared by Frank Reynolds, who has been following Delaware law and writing about it in various publications for over 30 years.
A recent milestone Chancery Court opinion found shareholders were not too late in charging that opioid maker AmerisourceBergen Corp.’s directors and officers disloyally prioritized profits over regulatory compliance and ignored red-flag
37th Annual F.G. Pileggi Distinguished Lecture in Law
Professor Lawrence A. Cunningham will present the 37th Annual F.G. Pileggi Distinguished Lecture in Law on Feb. 10, 2023 at the Hotel duPont in Wilmington, Delaware. Details are available at the Delaware Law School’s web site. The Lecture was named after the father of this blog’s primary author.
A short biography of Prof. Cunningham, information
Third Circuit Upholds Refusal to Disqualify Law Firm Under Legal Ethics Rules 1.9 and 1.10
In my latest ethics column for The Bencher, the publication of the American Inns of Court, I highlighted a decision of the U.S. Court of Appeals for the Third Circuit which upheld the refusal to disqualify a law firm based on legal ethics rules 1.9 and 1.10.
In sum, those rules codify the fundamental
Supreme Court Reverses Chancery and Finds that LP Manager Reasonably Relied in Good Faith on Opinion Letter
The Delaware Supreme Court recently reversed a decision of the Delaware Court of Chancery, highlighted on these pages, that addressed whether the general partner of a limited partnership relied in good faith on the formal legal opinion of a law firm to support a going-private transaction. (Photo at right shows the Supreme Court Building in
Chancery Recognizes De Facto LLC Manager
The Delaware Court of Chancery recently determined that regardless of the absence of a formal title or role, one can be found to be acting as a de facto manager of an LLC, and therefore, subject to personal jurisdiction of the court, as well as being bound by common law fiduciary duties, pursuant to Section
Chancery Court finds re-argument bid can’t carry ‘heavy burden’ for privilege log ruling re-do
This post was prepared by Frank Reynolds, who has been following Delaware law and writing about it in various publications for over 30 years.
The Delaware Chancery Court recently rejected most of a motion for re-argument of a ruling in which it had found an attorney-client and work-product privilege log deficiently documented in expedited litigation
Forum Selection Clauses and Federal Courts
Forum selection clauses have been the focus of many decision highlighted on these pages over the last 18 years. But a pending appeal before the en banc U.S. Court of Appeals for the Ninth Circuit may have an outsized impact on Delaware litigation regarding this issue. In a case involving the Gap, Inc., the
ESG; Corporate Governance; and The Profit Motive
A new book by the prolific corporate law scholar, Prof. Stephen Bainbridge, who is often cited in Delaware court opinions, addresses the movement referred to as ESG: the “800-pound gorilla” in current developments in corporate law. The good professor contributes his prodigious expertise and lifelong scholarship in service of informing the public about this