Recent Posts

Prominent Delaware Litigator Francis G.X. Pileggi Joins Eckert Seamans In Wilmington
Posted on 3 May 2011 by LexisNexis Litigation Resource Community Staff

WILMINGTON, Del. - Eckert Seamans Cherin and Mellott LLC, a full-service national law firm, has announced that Francis G.X. Pileggi , a leading Delaware attorney and law blogger, has joined the firm as member-in charge of the Wilmington office. Pileggi... Read More

Kevin F. Brady Comments On Delaware Court Of Chancery's 2011 E-Discovery Guidelines
Posted on 10 Mar 2011 by Francis G.X. Pileggi

Francis G.X. Pileggi The Delaware Court of Chancery's Guidelines Regarding the Preservation of Electronically Stored Information (ESI) were previously reviewed here on this blog, but now Kevin F. Brady of Connolly Bove Lodge & Hutz LLP in Wilmington... Read More

Delaware High Court Declines To Adopt More Stringent Standards For Motions To Dismiss
Posted on 19 Aug 2011 by Francis G.X. Pileggi

Central Mortgage Co. v. Morgan Stanley Mortgage Capital Holdings, LLC, No. 595-2010 (Del. Supr. Aug. 18, 2011), read Delaware Supreme Court's en banc opinion here . Issue Addressed Whether Delaware should adopt the more stringent standard for... Read More

Bevy Of New Lawsuits Filed in Delaware Chancery Court Over Forum Selection Bylaws
Posted on 9 Feb 2012 by Francis G.X. Pileggi

We typically focus on summarizing corporate and commercial decisions of Delaware's Supreme Court and Court of Chancery, but today we find noteworthy a bevy of new lawsuits just filed in the Delaware Court of Chancery. These new suits challenge bylaws... 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

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

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

Class Action Alleging Self-Interested Conversion From LP To LLC Certified In Delaware
Posted on 15 Nov 2011 by Francis G.X. Pileggi

Garrett v. Zon Capital Partners, L.P. , C. A. No. 5607-CS (Del. Ch., Nov. 10, 2011), read letter ruling here . Issue Addressed: Whether a motion for class certification should be granted pursuant to Court of Chancery Rule 23 in connection with a... Read More

Delaware Chancery Court Defers Decision On Application For Interim Fees In Class Action
Posted on 2 Aug 2011 by Francis G.X. Pileggi

In Frank v. Elgamal , C.A. No. 6120-VCN (Del. Ch. July 28, 2011), read letter ruling here , the Delaware Court of Chancery deferred making a decision on an application for interim fees in a class action challenging an acquisition. Issue Addressed ... Read More

More Than $660,000 In Attorney Fees Awarded By Delaware Chancery Court In 'Momentous' Decision
Posted on 2 Mar 2012 by Francis G.X. Pileggi

Auriga Capital Corp. v. Gatz Properties, LLC , is an iconic opinion from the Delaware Court of Chancery that was issued on Jan. 27, 2012 and highlighted on these pages here. This decision is momentous because it explains why fiduciary duties will apply... Read More

Delaware Chancery Court Issues 'Best Practices' To Handle Complex Procedural Issues
Posted on 18 Jan 2012 by Francis G.X. Pileggi

On January 13, 2012, the Court of Chancery issued non-binding guidelines or "best practices" to help lawyers and their parties handle common and sometimes complex procedural issues that arise in litigation before the Delaware Court of Chancery... Read More

Delaware Court Denies Temporary Restraining Order Based On Preliminary Injunction Standard
Posted on 30 Aug 2011 by Francis G.X. Pileggi

The below article first appeared on Aug. 24, 2011, in The Delaware Business Court Insider , here. The Delaware Court of Chancery decision that is the focus of the article was previously highlighted on this blog here. Litigation is fast-paced in the... 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

The Delaware Supreme Court And Certified Questions
Posted on 17 Feb 2011 by Francis G.X. Pileggi

Justice Henry duPont Ridgely of the Delaware Supreme Court has published an essay on the procedure that courts around the country may follow to present issues of Delaware law to Delaware's High Court. The essay was based on His Honor's remarks... Read More