Delaware Business Court Insider | Commentary
By Jarret P. Hitchings | August 21, 2019
The attorney-client privilege is fundamental to the adversarial system of law. Indeed, the Delaware Court of Chancery recently observed that "without the privilege, candid communication between client and counsel for purposes of representation would be impossible."
Delaware Business Court Insider | Commentary
By Julie B. Palley | July 10, 2019
The entire fairness standard requires directors to demonstrate that both the amount of compensation and the process by which the compensation is determined is “entirely fair” to the company.
By Tom McParland | July 9, 2019
In a letter to Gov. John Carney, Strine, who assumed the role of chief justice in 2014, said the decision was "bittersweet," as he expressed gratitude for his 27 years in public service.
By Jason Grant | July 8, 2019
In his letter to the governor Monday, Delaware Supreme Court Chief Justice Leo Strine said he will retire in the fall but will time his stepping down "upon the nomination, confirmation, and swearing in of my successor."
By Tom McParland | June 27, 2019
In the wake of recent high-profile cyberattacks in Philadelphia and Baltimore, Delaware state officials are touting a team approach to protecting court data as it looks to shore up its cybersecurity efforts.
Delaware Business Court Insider | News
By Tom McParland | June 18, 2019
A three-judge panel of the high court left in place a Chancery Court decision that stayed a Department of Finance lawsuit seeking to enforce an administrative subpoena that would allow the state to investigate the firm's compliance with the state's escheat laws.
Delaware Business Court Insider | News
By Tom McParland | June 12, 2019
The DOJ said in a statement that the LLCs, Backpage.com, Website Technologies, Posting Solutions and Amstel River Holdings, would lose their certificates of formation under a consent judgment, issued Tuesday by the Delaware Court of Chancery.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | June 5, 2019
In Jalbert v. Flanagan (In re F-Squared Investment Management), the trustee of a liquidating trust sought to avoid bonus payments by the debtors as fraudulent conveyances.
Delaware Business Court Insider | Commentary
By Ellis E. Herington and Douglass Herrmann | May 29, 2019
Delaware courts will enforce the terms of well-drafted, unambiguous contracts. Clearly communicating and memorializing parties' expectations in the terms of their contract puts parties in the best position possible to have their expectations enforced and receive the benefit of their bargain.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | May 22, 2019
Delaware corporate law allows for a corporation to agree in its organizational documents or contracts to advance legal fees and expenses in defense of actions, arising from a person's service to the company.
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