Voluminous commentary exists regarding the substantive comparisons between Delaware corporate law and competing states such as Texas, but an article that my partner and I published for Bloomberg Law compares the more practical aspect of expedited services that the Delaware Division of Corporations offers, such as same day service for corporate filings. Delaware still provides
Selected Articles by Francis
Twelfth Annual Delaware Firearms Law Seminar
The Delaware Association of Second Amendment Lawyers (DASAL) and the Delaware Lawyers’ Chapter of the Federalist Society presented its twelfth annual Delaware Firearms Law Seminar in October at the Delaware Law School.
I discussed some of the recent landmark decisions shaping Delaware jurisprudence on the constitutional right to keep and bear arms. Other panelists included…
National Law Review’s Delaware Corporate and Commercial Law Monitor, 4th Edition
As Editor-in-Chief of the Delaware Corporate and Commercial Law Monitor published by The National Law Review, the Fourth Edition, I am happy to announce, was recently released. This new exercise in scholarship is in addition to my blog and my ongoing full-time practice, etc.
Recent Ethics Column on Spoliation of Evidence
For my most recent ethics column for The Bencher, now in its 25th year, I highlighted a recent Delaware Court of Chancery decision on the duty of anyone involved in potential or pending litigation to preserve relevant evidence, including electronic data such as emails and text messages, in order to avoid penalties for spoliation.
When Does Friendship Require Judicial Recusal
The titular topic was the subject of my latest ethics column for The Bencher, the flagship publication of the American Inns of Court. I have been writing the ethics column for over 25 years, during which I have written many articles on the topic of judicial recusal, some of which are linked in this…
Ethical Preparation of a Witness
I discuss a recent ABA Formal Ethics Opinion, and other authorities, that address the titular topic, in my latest ethics column for The Bencher, the national publication of The American Inns of Court, which I have been for publishing for the last 25 years.
Chancery Explains Distinction Between Attorney/Client Privilege and Confidentiality Duty in Rule of Professional Conduct 1.6
The Court of Chancery recently explained in the case styled In Re Harris FRC Corporation Merger and Appraisal Litigation, No. 2019-0736-JTL (Del. Ch. Feb. 19, 2024), the difference between the attorney/client privilege and a lawyer’s duty of confidentiality under Rule of Professional Conduct 1.6.
The titular topic was the subject of my latest…
ABA Book Chapter on Key Advancement Cases from 2023
Key Delaware decisions on advancement under DGCL Section 145 for directors and officers were highlighted in a just-published book chapter in an ABA publication that I co-authored with 5 of my colleagues in the Delaware office of Lewis Brisbois. This is the 8th year that I have highlighted key advancement cases for a book chapter…
Litigation Misconduct Warrants Fee Shifting
For my latest ethics column, now in its 25th year, for the national publication of the American Inns of Court called The Bencher, in the January/February 2024 edition, I highlight a decision of the Delaware Court of Chancery that addressed litigation misconduct in a summary proceeding under Section 220 of the Delaware General Corporation…
Do Legal Ethics Rules Provide Guidance for Responding to False Accusations?
My latest column on legal ethics for the flagship publication of the American Inns of Court, The Bencher, addresses the titular topic. During the more than 25 years that I have penned the legal ethics column, this topic may be among the most challenging. That is, do the rules of legal ethics provide any…