Recent Posts

Delaware Federal Judge Grants Debtor Access To Asbestos Claimant Information
Posted on 4 Mar 2013 by Emerson Heffner

WILMINGTON, Del. - (Mealey's) A Delaware federal judge on March 1 ruled that Chapter 11 debtor Garlock Sealing Technologies LLC can obtain documents filed by asbestos claimants' attorneys in nine other asbestos-related bankruptcy cases, finding... Read More

Not A Delaware Lawyer? Here's A Delaware Practice And Procedure Guide
Posted on 8 Aug 2012 by Francis G.X. Pileggi

These guidelines for collaboration between Delaware counsel and non-Delaware lawyers were prepared by Francis G.X. Pileggi, Kevin F. Brady and Jill Agro. This is a compilation of selected key Delaware court decisions, rules, and customs to guide Delaware... Read More

Plaintiff Class Action Lawyers May Be Inclined To Avoid Delaware Courts
Posted on 9 Sep 2011 by Francis G.X. Pileggi

David Marcus writing for The Deal , adds to the growing commentary suggesting that plaintiffs' lawyers who file class actions, especially those challenging mergers, will be inclined to increasingly avoid Delaware Courts if the Court continues to impose... Read More

Ballard Spahr LLP: Delaware Supreme Court Deals Blow To Merger Litigation Plaintiffs
Posted on 1 Apr 2014 by Ballard Spahr LLP

By M. Norman Goldberger and Laura E. Krabill On [March 14], theDelaware Supreme Court adopted the business judgment rule standard of review for some controlling stockholder freeze-out mergers and potentially other interested party transactions. In... Read More

DLA Piper: Delaware High Court Upholds Fee-Shifting Provision In Company Bylaw, Signifying A Future Sea Change In Corporate Litigation
Posted on 22 May 2014 by DLA Piper

By: Jay Coogan and John L. Reed The Delaware Supreme Court, sitting en banc, has held that a Delaware corporate bylaw that requires a losing claimant to pay the legal fees and expenses of the defendants is not invalid per se , and if otherwise enforceable... Read More

In A Delaware First, Standard When Lawsuit Threat Can Be Tortious Interference With Potential Business Relationships Addressed
Posted on 9 Nov 2012 by Thomas O. Gorman

Soterion Corp. v. Soteria Mezzanine Corp ., C.A. No. 6158-VCN (Del. Ch. Oct. 31, 2012). Why This Case is Noteworthy : This decision addresses for the first time in Delaware the applicable standard to determine when the threat of a lawsuit can be tortious... Read More

Delaware Supreme Court Upholds Attorney Fees For Non-Monetary Benefit
Posted on 30 Apr 2012 by Francis G.X. Pileggi

EMAK Worldwide, Inc. v. Kurz, No. 512, 2011 (Del. April 17, 2012) [ enhanced version available to subscribers ]. Several prior decisions in this matter by both the Delaware Supreme Court, and the Court of Chancery are highlighted and linked... Read More

DLA Piper: 9 Questions And Answers About Exclusive Forum Provisions For Stockholder Litigation
Posted on 23 Jan 2014 by DLA Piper

By Ed Batts In light of Delaware case law developments over the past year, exclusive forum provisions are being increasingly adopted by public companies. What should you know about this complex but important area of corporate governance? 1. What... Read More

In Re Novell, Inc. Shareholder Litigation: Delaware Court Denies Interim Application For Fees In Class Action
Posted on 13 Sep 2011 by Francis G.X. Pileggi

In Re Novell, Inc. Shareholder Litigation , Cons. C. A. No. 6032-VCN (Del. Ch. Aug. 30, 2011). Read letter ruling here . Issue Addressed: Whether interim application for fees in class action should be deferred as premature. Short Answer: Yes. ... Read More

Bankruptcy Judge Recommends Approval Of W.R. Grace's Reorganization Plan
Posted on 1 Feb 2011 by Emerson Heffner

WILMINGTON, Del. - (Mealey's) A federal bankruptcy judge in Delaware on Jan. 31 resolved the last objections to W.R. Grace & Co.'s Chapter 11 joint plan of reorganization and recommended that the district court approve the plan ( In re: W... Read More

Delaware Vice Chancellor Dismisses Derivative Action Against Goldman Sachs Directors
Posted on 18 Oct 2011 by Francis G.X. Pileggi

In the case of In Re The Goldman Sachs Group, Inc. Shareholder Litigation , C.A. No. 5215-VCG (Oct. 12, 2011), read opinion here , Vice Chancellor Glasscock, in his first major corporate law decision, granted defendants' motion to dismiss a derivative... Read More

Delaware Judge Denies New York Request For Intel Information
Posted on 12 Apr 2011 by LexisNexis Litigation Resource Community Staff

WILMINGTON, Del. - (AP) A Delaware judge on Monday shot down an attempt by New York authorities to obtain confidential information from a lawsuit between Nvidia Corp. and rival chipmaker Intel Corp. as they investigate alleged anticompetitive behavior... Read More

Family Appeals Delaware School Board Prayer Ruling
Posted on 1 Jul 2010 by LexisNexis Litigation Resource Community Staff

WILMINGTON Del. - (AP) A Jewish family is taking their lawsuit over starting Indian River district school board meetings with Christian prayer to the U.S. 3rd Circuit Court of Appeals. Attorneys for the unnamed family hope the federal appellate court... Read More