My latest ethics column for The Bencher, the national publication of the American Inns of Court, is on the titular topic, available at this hyperlink.
No Such Thing as “Local Counsel” in Delaware Court of Chancery
Courtesy of the Delaware Business Court Insider, we provide our article that appeared in the April 21, 2021 edition on an important topic for Delaware litigators.
No Such Thing as Local Counsel in Delaware Court of Chancery
By: Francis G.X. Pileggi* and
Chauna A. Abner**
This is a compilation of selected key Delaware court
Chancery Provides Guidance on Interpretation of LLC Agreement
The recent Chancery decision in Pearl City Elevator, Inc. v. Gieseke, C.A. No. 2020-0419-JRS (Del. Ch. March 23, 2021), addressed the issue of whether the procedures in an LLC Agreement were correctly followed, such that a party acquired sufficient ownership interest in order to control the board.
This decision is useful for its recitation of
Chancery Explains Claims-Splitting Policy and Criteria
The Delaware Court of Chancery recently explained the public policy involved, and the applicable criteria used by the court, to determine if “claims-splitting” should require the stay or dismissal of one lawsuit when the same parties are pursuing another lawsuit in another forum based on the same operative facts. In Goureau v. Lemonis, C.A.
Self-Sacrifice Not Required of Controlling Stockholder
A recent Delaware Court of Chancery decision recited important nuances of fiduciary duty applicable to controlling or majority stockholders. In RCS Creditor Trust v. Schorsch, C.A. No. 2017-0178-SG (Del. Ch. March 18, 2021), the court explained that the fiduciary duties of a majority or controlling stockholder do not require self-sacrifice, nor do they mean
Chancery Keeps Dissolution Case Despite Mandatory NY Forum Clause
Delaware will retain jurisdiction over a dissolution claim notwithstanding a mandatory New York forum selection clause, according to the recent Delaware Court of Chancery opinion in Seokoh, Inc. v. Lard-PT, LLC, C.A. No. 202-0613-JRS (Del. Ch. March 30 2021). This case involved the petition for dissolution of a Delaware LLC while litigation between the
Transfer of Cases from Delaware Court of Chancery to Delaware Superior Court
My colleague, Chauna Abner, and I co-wrote an article on the practical topic and the gritty details of transferring cases from the Delaware Court of Chancery to the trial court of general jurisdiction in Delaware: the Superior Court. The article appeared in the Delaware Business Court Insider, in its March 10, 2021 issue.
We
Protocols and Professionalism for Remote Court Proceedings
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.
Delaware Standards Applicable to Which Case Will Proceed When Same Parties Have Pending Litigation in Multiple States
A recent Delaware Court of Chancery decision recited the standards applied in Delaware to determine when to stay a case or allow it to proceed when similar litigation between the same parties is proceeding in another state. In AG Resources Holdings, LLC v. Terral, C.A. No. 2020-0850-JRS (Del. Ch. Feb. 10, 2021), the court
Company’s Privileged Communications Must Be Provided to Board Members
I have been writing an ethics column for the national publication of The American Inns of Court, called The Bencher, for about 24 years or so. My latest column appears in the current edition and is reproduced below, courtesy of The Bencher and The American Inns of Court.
Company’s Privileged Communications Must Be Provided to