In the recent decision of Agspring Holdco, LLC, et al. v. NGP X US Holdings, L.P., et al., C.A. No. 2019-0567-JRS (Del. Ch. June 28, 2021), the Delaware Court of Chancery issued a stay of discovery pending resolution of
Delaware Business Dispute Blog
Review of Business and Commercial Litigation in the State of Delaware and Beyond
The Delaware Business Dispute Blog, published by Carl D. Neff, focuses on legal issues related to Delaware corporate and partnership law. It covers topics such as Delaware General Corporation Law (DGCL) Section 220 books and records demands, stockholder rights and litigation, appraisal rights, corporate governance, partnership agreement disputes, valuation issues, and Delaware Court of Chancery decisions. The blog analyzes procedural and substantive aspects of corporate disputes, including amendments to Delaware statutes, court rulings on inspection rights, and practical implications for stockholders, founders, and corporate entities. It also addresses founder protection strategies and evolving governance structures through company growth stages.
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Delaware Court of Chancery Extends the Permitted Use of Unsworn Declarations to September 30, 2021
By Carl D. Neff
On July 12, 2021, the Court of Chancery issued Standing Order No. 6. The standing order extends the permitted use of unsworn declarations, verifications, certificates, statements, oaths, or affidavits in filings with the Court of Chancery, pursuant to 10…
Jury Trials to Resume in the District of Delaware, Subject to Discretion of the Judge
By Carl D. Neff
The United States District Court for the District of Delaware recently issued a Jury Trial Notice on April 5, 2021, stating that jury trials will resume, subject to the discretion of each individual judge as to whether and when any…
Court of Chancery Holds that Arbitrability of Advancement Claim Must be Determined by Arbitrator
By Carl D. Neff
In the recent decision of Blackmon v. O3 Insight, Inc., C.A. No. 2020-1014-SG (Del. Ch. Mar. 9, 2021), the Delaware Court of Chancery held that the arbitrability of a Delaware director’s claim for advancement must be determined by an…
Chancery Holds that Delaware Uniform Trade Secrets Act Preempts Unjust Enrichment Claim
By Carl D. Neff
In a recent letter opinion, 250ok, Inc. v. Message Sys., Inc., C.A. No. 2020-0588-JRS (Del. Ch. Jan. 22, 2021), the Court of Chancery held that a claim under the Delaware Uniform Trade Secrets Act (“DUTSA”), 6 Del. C. § 2001…
Delaware Chancery Denies Member’s Request to Invalidate Dissolution of a Delaware Limited Liability Company
By Carl D. Neff
In a noteworthy and recent Court of Chancery decision, Mehra v. Teller, C.A. No. 2019-0812-KSJM (Del. Ch. Jan. 29, 2021), the Delaware Court of Chancery ruled upon a member’s request to invalidate dissolution of a Delaware limited liability company. The…
District of Delaware Orders New Procedures for the Filing, Service, and Management of Highly Sensitive Documents
By Carl D. Neff
On January 29, 2021, Chief Judge Leonard P. Stark issued a Standing Order setting forth new procedures for the filing, service, and management of highly sensitive documents, defined as “HSD”. The Standing Order was issued in response to recent widespread…
Court of Chancery Confirms Standard for Granting a Stay of Discovery Pending a Motion to Dismiss
By Carl D. Neff
A common tactic employed by experienced Chancery litigators defending a lawsuit is to file a motion to stay discovery while a motion to dismiss is pending. The argument is that if the case is dismissed, the expense of undertaking discovery…
Court of Chancery Amends Various Rules Pertaining to Trust Accountings and Guardianship Proceedings
By Carl D. Neff
According to a recent announcement, the Delaware Court of Chancery amended various rules to match current practices in the Court and to clarify the Court’s expectations. The Court amended Rules 79, 89, 114, 176, and 180-B. A summary of…
Congress Extends and Modifies Paycheck Protection Program (PPP)
By Carl D. Neff
My colleagues Kevin Gluntz and Paul D. Economon authored an insightful article on the extension and modification of the Paycheck Protection Program (PPP), titled Client Alert – PPP Re-Run! The contents of the article are set forth below.
Congress Extends and…