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Brett M Mccartney

Brett M Mccartney

April 29, 2015 | Delaware Business Court Insider

Arbitration Constitutes a First-Filed Action Under 'McWane' Doctrine

Delaware litigators are likely familiar with the teachings of 'McWane Cast Iron Pipe v. McDowell-Wellman Engineering,' 263 A.2d 281, 283 (Del. 1970), which, in a nutshell, advise that a Delaware court will freely exercise its discretion to stay an action pending before it where there is a prior pending action "in a court capable of doing prompt and complete justice, involving the same parties and the same issues."

By Brett M. McCartney

6 minute read

April 29, 2015 | Delaware Business Court Insider

Arbitration Constitutes a First-Filed Action Under 'McWane' Doctrine

Delaware litigators are likely familiar with the teachings of 'McWane Cast Iron Pipe v. McDowell-Wellman Engineering,' 263 A.2d 281, 283 (Del. 1970), which, in a nutshell, advise that a Delaware court will freely exercise its discretion to stay an action pending before it where there is a prior pending action "in a court capable of doing prompt and complete justice, involving the same parties and the same issues."

By Brett M. McCartney

6 minute read

March 10, 2015 | Delaware Business Court Insider

Chancery Enjoins Board in Potential Stockholder Dilution Scheme

Directors and officers of struggling corporations seeking capital or startups willing to trade equity for cash should read the Delaware Court of Chancery's recent transcript ruling in Elite Horse Investments Ltd. v. T3 Motion, C.A. No. 10550-CB (Del. Ch. Jan. 23, 2015), carefully and consider it a cautionary tale.

By Brett M. McCartney

7 minute read

March 10, 2015 | Delaware Business Court Insider

Chancery Enjoins Board in Potential Stockholder Dilution Scheme

Directors and officers of struggling corporations seeking capital or startups willing to trade equity for cash should read the Delaware Court of Chancery's recent transcript ruling in , C.A. No. 10550-CB (Del. Ch. Jan. 23, 2015), carefully and consider it a cautionary tale.

By Brett M. McCartney

7 minute read

January 20, 2015 | Delaware Business Court Insider

Delaware Supreme Court to Chancery: You Have Broad Powers

Books-and-records litigation does not typically grab headlines. In fact, few cases litigated under Section 220 of the Delaware General Corporation Law result in written opinions authored by the Delaware Supreme Court. Nevertheless, books-and-records litigation is vibrant in Delaware.

By Brett M. McCartney

5 minute read

January 20, 2015 | Delaware Business Court Insider

Delaware Supreme Court to Chancery: You Have Broad Powers

Books-and-records litigation does not typically grab headlines. In fact, few cases litigated under Section 220 of the Delaware General Corporation Law result in written opinions authored by the Delaware Supreme Court. Nevertheless, books-and-records litigation is vibrant in Delaware.

By Brett M. McCartney

5 minute read