In a departure from the manner in which most cases have been highlighted on these pages, this post includes a collection of short blurbs about recent Delaware corporate and commercial decisions, identifying the key issues addressed, with a link to the whole opinion. This experimental approach to highlighting recent decisions was prompted by a combination
bylaws
Chancery Rules on Limits of Forum-Selection Clauses in Corporate Documents
By Francis Pileggi on
Posted in Chancery Court Updates
A recent seminal decision of the Delaware Court of Chancery must be included in the lexicon of every lawyer who wants to understand the boundaries of Delaware law on forum-selection clauses in corporate documents. In the case of Sciabacucchi v. Salzberg, C.A. No. 2017-0931-JTL (Del. Ch. Dec. 19, 2018), the Court determined that a…
Chancery Court Declines to Apply Fee-Shifting Bylaw Based on Timing of its Adoption
By Aimee Czachorowski on
Posted in Chancery Court Updates
Today the Delaware Court of Chancery issued an opinion in Strougo v. Hollander, C.A. No. 9770-CB (Del. Ch. Mar. 16, 2015), on an issue of first impression. The Court did not decide the merits of the underlying complaint; the only issue before the Court on the narrow motion for partial judgment on the…
Supreme Court Decides SEC-presented Delaware Bylaw Issue
By Francis Pileggi on
Posted in Delaware Supreme Court Updates
CA, Inc. v. AFSCME Employees Pension Plan, (Del. Supr., July 17, 2008), read opinion here.(Revised opinion dated August 15, 2008, available here.)
This Delaware Supreme Court decision has been anticipated by the corporate legal world with great interest since oral arguments were heard by Delaware’s High Court last week. My post with some background…