Delaware Business Court Insider | Commentary
By Jonathan G. Strauss and Shannon S. Frazier | May 9, 2018
On April 6, the Delaware Corporation Law Section of the Delaware Bar Association proposed some major and minor amendments to the Delaware Limited Liability Company Act. If introduced in and approved by the Delaware General Assembly and the governor, one of the most significant changes will involve the provisions of the act dealing with series LLCs.
Delaware Business Court Insider
By Barry M. Klayman and Mark E. Felger | May 9, 2018
In JMO Wind Down, Chief Bankruptcy Judge Brendan Shannon considered a motion to enjoin a creditor from pursuing claims against various defendants that were pending in a civil action in the Delaware Court of Chancery based on the provisions of the debtor's Chapter 11 plan of liquidation.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | May 2, 2018
Parties who form Delaware limited liability companies to organize their business affairs do so to structure their relationships contractually. This enables them to organize the governance and economic rights in a manner tailored to the enterprise they are establishing.
Delaware Business Court Insider | Commentary
By Edward M. McNally | March 21, 2018
A series of recent Delaware court decisions have caused some plaintiffs law firms to decide stockholder litigation should no longer be filed in the Delaware courts.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | March 7, 2018
The Delaware Court of Chancery is often called upon to assess whether a plaintiff challenging an interested transaction who fails to make demand on the board to pursue claims based on alleged self-dealing or director interest can overcome the procedural hurdle of a motion to dismiss under Rules 23.1 and 12(b)(6).
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | February 21, 2018
The Delaware Limited Liability Company Act's policy is to give the maximum effect to the principle of freedom of contract in LLC operating agreements.
Delaware Business Court Insider | Commentary
By P. Clarkson Collins Jr. | February 14, 2018
The Delaware Supreme Court recently issued an important corporate law decision addressing issue preclusion in the context of multiple shareholder derivative actions.
Delaware Business Court Insider | Commentary
By Michelle Reed and Matthew Lloyd | February 7, 2018
The Delaware Supreme Court declined to adopt a new standard governing issue preclusion of derivative actions, creating a tension with Delaware courts' forceful encouragement that stockholders fully investigate their claims before pursuing such actions on behalf of a company.
Delaware Business Court Insider | Commentary
By Edward M. McNally | January 31, 2018
Where does your company want to be sued? Of course, the obvious answer is “nowhere.” But in this litigious country that is not realistic.
Delaware Business Court Insider | Commentary
By Arthur R. Bookout | January 10, 2018
While many view the period between Thanksgiving and Jan. 1 as a hectic time of year, no one has been working harder than the Delaware courts.
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