Highlights & Analysis of Key Decisions from Delaware's Supreme Court & Court of Chancery
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…
For my regular ethics column for the current issue of The Bencher, the national publication of the American Inns of Court, I wrote an article about a recent federal court decision that upheld the enforceability of a waiver, in advance, of future conflicts, and discussed the prerequisites for the validity of such a waiver.
Norton v. K-Sea Transportation Partners, L.P., Del. Supr., No. 238, 2012 (May 28, 2013). This Delaware Supreme Court decision is the second in consecutive business days that addresses the concept of good faith in the contractual context. See SIGA Technologies, Inc. v. PharmAthene, Inc., highlighted on these pages. (Photo: Supreme Court Building in…
We have written frequently on these pages about decisions that have addressed potential conflicts of interest in the litigation context, both real and imagined, in the state and federal courts. See, e.g., cases and articles on these pages here. The U.S. District Court for the District of Delaware recently disqualified counsel based on a…
The Delaware Chancery Court ruled today that it would deny a motion to disqualify the Wachtell Lipton firm from representing Rohm and Haas in its pending suit against Dow Chemical despite the prior representation of Dow by Wachtell. Rohm and Haas Co. v. Dow Chemical Co., (Del. Ch., Feb. 12, 2009), read opinion here.…