Francis G.X. Pileggi

For over 30 years, I have practiced in the areas of corporate and commercial litigation as well as other complex litigation and administrative proceedings. My practice includes representation in high-stakes disputes for a wide range of clients in many industries as well as for utility companies, government entities and non-profits in multiple states. I have also litigated successfully, in both federal and state appellate courts, groundbreaking Second Amendment cases and related constitutional issues on behalf of civil rights organizations.

OOR Requires Disclosure of County Tax Assessment Data

By Francis Pileggi

March 31, 2020

The OOR recently ordered the County of Delaware to produce data requested regarding a new county-wide property assessment, even though the preliminary valuations for purposes of determining the new property taxes were only a preliminary step in the process. In Marcavage v. County of Delaware, OOR Docket No.: AP 2020-0457 (March 30, 2020), the decision explains why the County’s arguments for refusing to provide the data were rejected. For example, it did not fall…

Delaware Corporate & Commercial Litigation Blog

Delaware Supreme Court Allows Federal Forum Clause in Charter

By Francis Pileggi

March 29, 2020

The Delaware Supreme Court recently issued a highly anticipated decision in Salzberg v. Sciabacucchi, No. 346-2019 (Del. Mar. 18, 2020). Many law professors and other commentators have written much learned commentary and published extensive scholarly analysis of the issues raised in the Court of Chancery’s decision, and have opined on what the Supreme Court was likely to decide in this case–and how the commentators thought the appeal should be decided. Moreover, I expect that there…

Delaware Corporate & Commercial Litigation Blog

Issue of Equitable Dissolution of LLC Analyzed

By Francis Pileggi

March 29, 2020

There is a precious paucity of Delaware decisions that thoroughly and directly address the potential equitable dissolution of an LLC, as compared to a statutory dissolution of an LLC based on the LLC Act, but that situation has been ameliorated by the recent Delaware Court of Chancery decision in SolarReserve CSP Holdings LLC v. Tonopah Solar Energy LLC, C.A. No. 2019-0791-JRS (Del. Ch., Mar. 18, 2020). This case is noteworthy, in part, because it is…

Delaware Corporate & Commercial Litigation Blog

Delaware Supreme Court revives companies’ right to herd securities suits into federal courts

By Francis Pileggi

March 29, 2020

This post was prepared by Frank Reynolds, who has been following Delaware corporate law, and writing about it for various legal publications, for over 30 years. In a milestone opinion, the Delaware Supreme Court has ruled that the state’s corporation law permits Delaware chartered companies to designate the federal courts for all shareholder securities suits alleging disclosure violations in their initial and secondary public offerings in Salzberg et al. v. Sciabacucchi et al. No. 346-2019,…

Delaware Corporate & Commercial Litigation Blog

Delaware high court’s advice on state partnership law could block Sanofi whistleblower suit

By Francis Pileggi

March 26, 2020

This post was prepared by Frank Reynolds, who has been following Delaware corporate law, and writing about it for various legal publications, for over 30 years. The Delaware Supreme Court recently advised a federal appeals court that the state’s partnership law bars a limited liability partnership formed by three Sanofi-Aventis U.S. LLC employees from continuing a whistleblower action over allegedly false Plavix blood thinner marketing because one of them dropped out, in United States of …

Delaware Corporate & Commercial Litigation Blog

More Closures in Delaware Due to Pandemic

By Francis Pileggi

March 23, 2020

Yesterday, on the same date as the announcement that the Governor of Delaware required the closure of “non-essential businesses” (that apparently is defined not to include law firms), the Delaware Supreme Court ordered, in essence, all Delaware Courts closed to the public until April 15 (e.g., for in-person access) due to the pandemic that has nearly shutdown most of the U.S. and much of the world. This is a supplement to prior Standing Orders …

Delaware Corporate & Commercial Litigation Blog

Delaware Supreme Court Declares Judicial Emergency Due to Coronavirus

By Francis Pileggi

March 15, 2020

By Delaware Supreme Court Order, effective March 16, 2020, Delaware’s high court declared a judicial emergency, following the Governor of Delaware declaring on Friday, March 13, a state of emergency due to the coronavirus, and also on the same day that President Trump proclaimed a National Emergency. The foregoing hyperlink provides the actual Court Order. One provision makes it easier for trial courts, in their discretion, to postpone trials and hearings at least for 30…

Delaware Corporate & Commercial Litigation Blog

Delaware Courts’ Response to the Coronavirus

By Francis Pileggi

March 11, 2020

According to the World Health Organization this afternoon, and a televised announcement from the President of the United States this evening, a novel coronavirus (Covid-19) has now been declared to be a worldwide pandemic. Two other examples of how serious this situation is: The President announced a travel ban from most of Europe to the U.S. for the next 30 days, and the NBA just cancelled the rest of their season. The Delaware Courts…

Delaware Corporate & Commercial Litigation Blog

Claims by Long-Term Close Friend Proceed Against Faithless Business Partner

By Francis Pileggi

March 11, 2020

A recent Delaware Court of Chancery opinion discussed the nuances of an unusual personal and business relationship, akin to a “familial intimacy”, that formed the basis for the court to conclude that a fiduciary relationship could be proven at trial. See Bamford v. Penfold, L.P., C.A. No. 2019-0005-JTL (Del. Ch. Feb. 28, 2020). Short Overview: The court provides a detailed and scholarly legal analysis about the specific factual circumstances based on which the court…

Delaware Corporate & Commercial Litigation Blog

Supreme Court Provides Guidance on Amicus Briefs

By Francis Pileggi

March 11, 2020

Other than the relatively sparse wording of Rule 28 of the Delaware Supreme Court on the topic, there is a relative paucity of commentary or case law to provide practical, detailed guidance on the requirements for obtaining approval to file an amicus curiae brief before the Delaware Supreme Court, and related instructions for the permissible contents of the brief are. A recent Order from the Delaware Supreme Court in the matter styled: In re Solera …

Francis G.X. Pileggi

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OOR Requires Disclosure of County Tax Assessment Data

Delaware Supreme Court Allows Federal Forum Clause in Charter

Issue of Equitable Dissolution of LLC Analyzed

Delaware Supreme Court revives companies’ right to herd securities suits into federal courts

Delaware high court’s advice on state partnership law could block Sanofi whistleblower suit

More Closures in Delaware Due to Pandemic

Delaware Supreme Court Declares Judicial Emergency Due to Coronavirus

Delaware Courts’ Response to the Coronavirus

Claims by Long-Term Close Friend Proceed Against Faithless Business Partner

Supreme Court Provides Guidance on Amicus Briefs

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