The good professor provides citations and links to other commentary that suggests that this
Commentary
Court of Chancery Veteran Confirmed for New 12-Year Term on Bench
By Francis Pileggi on
Posted in Commentary
The State of Delaware and those who practice in the Delaware Court of Chancery are fortunate that the Delaware Senate confirmed Vice Chancellor J. Travis Laster for another 12-year term on the bench of Delaware’s equity court. Reuters published a post-confirmation interview with His Honor. One of the quotes from the interview regarding the Vice…
New Scholarship on SPACs and Judicial Review
By Francis Pileggi on
Posted in Commentary
Recent scholarship on the increasingly important topic of SPACs has been published by Michael Klausner and Michael Ohlrogge, entitled: SPAC Governance: In Need of Judicial Review.
The article is available on SSRN, which also includes the following synopsis:
This paper analyzes the relationship between the economic structure of a SPAC, its corporate governance, and
…
Amendments to Delaware LLC Act and Related Alternative Entity Acts
By Francis Pileggi on
Posted in Commentary
The Delaware LLC Act, and related alternative entity acts, were amended effective August 1, 2021. There are three particular amendments, in response to three separate court decisions, that are especially noteworthy:
- Amendments were made to allow delegation of management rights even by a conflicted principal–in response to the Chancery decision in Wenske v. Bluebell Creameries
…
Director Independence Analyzed
By Francis Pileggi on
Posted in Chancery Court Updates, Commentary
The recent Delaware Court of Chancery decision in BGC Partners, Inc. Derivative Litigation (Del. Ch. Sept. 20, 2021), was highlighted on the Harvard Law School Corporate Governance Blog (on which I have published several articles over the years.) It provides a helpful analysis of a recent iteration of Delaware law on director independence.
Delaware State Bar Association Publishes Formal Opinion on Remote Lawyering
By Francis Pileggi on
Posted in Commentary
The Delaware State Bar Association’s Professional Ethics Committee, for which I serve as the current Vice Chair, recently published Formal Opinion 2021-1 (July 9, 2021), that addresses the legal ethics issues related to lawyers who work remotely in states where they are not licensed–such as from their homes–as many were required to do when their…
Scholarly Explanation About Potential Derivative Suits Against Woke CEOs
By Francis Pileggi on
Posted in Commentary
Corporate law scholar Prof. Stephen Bainbridge writes about the titular topic, as a supplement to a recent post on these pages, in which the good professor provides additional citations to cases and learned commentary on this issue, in the context of creeping federalization of corporate law.
Corporate Law and Woke CEOs
By Francis Pileggi on
Posted in Commentary
One of the country’s foremost corporate law scholars, Prof. Stephen Bainbridge, who readers of Delaware corporate law decisions and readers of these pages will recognize as having earned a place in the pantheon of corporate law luminaries, has commented on the titular topic, based on a recent Wall Street Journal article that discusses a backlash…
Scope of CEO Authority
By Francis Pileggi on
Posted in Commentary
Friend of the blog, and widely-recognized corporate law scholar, Prof. Stephen Bainbridge, provides insightful commentary on the titular topic, referenced by Prof. David Skeel. The press of deadlines for paying clients prevents me from adding my own commentary for now.
Protocols and Professionalism for Remote Court Proceedings
By Francis Pileggi on
Posted in Commentary
This is a short compilation of several sources that are useful references for new protocols that are either recommended or required for remote court proceedings, including remote depositions. The links below include reminders of professionalism standards and other norms that still apply in the context of these new technological developments.