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Delaware Court of Chancery: Deadlock Can be Genuine Even When Unilaterally Orchestrated

April 29, 2021

A Delaware Court of Chancery case decided earlier this year provides some useful guidance on the interpretation of LLC agreements and what constitutes a “deadlock” under Delaware law.…

Delaware Courts Blog

Delaware Supreme Court Holds That Fraud is Insurable

By Patricia Brum

April 15, 2021

In a decision that is likely to reshape directors and officers (“D&O”) policies across the nation, the Delaware Supreme Court has held that fraudulent conduct by corporate officers and directors is insurable under Delaware law.…

Delaware Courts Blog

Officers Face Personal Liability for Steering a Sale of Columbia Pipeline to a Preferred Buyer

By Tyson Prisbrey

April 6, 2021

The Delaware Court of Chancery in In re Columbia Pipeline Group, Inc. Merger Litigation denied a motion to dismiss claims for fiduciary duty breach in the sale of Columbia Pipeline Group, Inc. (“Columbia”).…

Delaware Courts Blog

Sorting Through the Kettle of Fish: Delaware Supreme Court Enforces Contractual Provisions Limiting Liability to “Deliberate Fraud”

By Gil Kahn

March 30, 2021

When determining whether to uphold an indemnification provision that carved out an exception for only deliberate fraud, the Delaware Supreme Court recently explained in Express Scripts, Inc. v. Bracket Holding Corp….…

Delaware Courts Blog

Court of Chancery finds that it lacks personal jurisdiction over employee in former company’s non-compete action

By Aleem Dhalla

February 23, 2021

Choice of law and choice of forum clauses in employment agreements are tricky business.…

Delaware Courts Blog

Court Finds that Seller Breached its Mergers and Acquisitions Interim Operating Covenant in Responding to COVID-19

By Joshua Schneiderman

February 12, 2021

On November 30, 2020, the Delaware Court of Chancery issued its decision in AB Stable VIII LLC v. Maps Hotels and Resorts One LLC et al.…

Delaware Courts Blog

Tell Me Everything: How Much Information Must a Shareholder Provide to a Corporation to Inspect Books and Records Under Section 220?

By Joseph Adams

February 8, 2021

The Supreme Court of Delaware recently affirmed a decision by the Court of Chancery that ordered a corporation to produce certain books and records to a shareholder,…

Delaware Courts Blog

Chancery Rules on Equitable Fee Shifting and Indemnity Provisions in Support of Fee Shifting

By John Delikanakis

February 4, 2021

On December 31, 2020, Vice Chancellor Glasscock issued an opinion regarding what he called a “novel issue” arising from cross motions for fees.…

Delaware Courts Blog

Delaware Bankruptcy Court Provides Guidance on the Scope of The Automatic Stay

By James Florentine

January 26, 2021

On December 3, 2020, the United States Bankruptcy Court for the District of Delaware entered an opinion in In re Extraction Oil & Gas, Inc., Case No. 20-11548 (CSS)…

Delaware Courts Blog

Court of Chancery Strips Privilege From Company Attorney-Employee Email Communications Sent and Received via Non-Company Email Accounts

By John Delikanakis

January 20, 2021

On December 22, 2020, the Delaware Court of Chancery issued a discovery decision regarding the production of emails sent and received via non-company email accounts used by employees who were also employees of a different/ second / separate / company.…

Delaware Courts Blog

Blog Authors

Delaware Court of Chancery: Deadlock Can be Genuine Even When Unilaterally Orchestrated

Delaware Supreme Court Holds That Fraud is Insurable

Officers Face Personal Liability for Steering a Sale of Columbia Pipeline to a Preferred Buyer

Sorting Through the Kettle of Fish: Delaware Supreme Court Enforces Contractual Provisions Limiting Liability to “Deliberate Fraud”

Court of Chancery finds that it lacks personal jurisdiction over employee in former company’s non-compete action

Court Finds that Seller Breached its Mergers and Acquisitions Interim Operating Covenant in Responding to COVID-19

Tell Me Everything: How Much Information Must a Shareholder Provide to a Corporation to Inspect Books and Records Under Section 220?

Chancery Rules on Equitable Fee Shifting and Indemnity Provisions in Support of Fee Shifting

Delaware Bankruptcy Court Provides Guidance on the Scope of The Automatic Stay

Court of Chancery Strips Privilege From Company Attorney-Employee Email Communications Sent and Received via Non-Company Email Accounts

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