Edward M Mcnally

December 19, 2018 | Delaware Business Court Insider

The Delaware Court of Chancery has now decided that its past guidance on how to conduct discovery has not cured this problem. It is time, instead, to impose increased sanctions for the most often repeated discovery abuses.

By Edward M. McNally

6 minute read

November 28, 2018 | Delaware Business Court Insider

The Delaware courts are leading the way to cure the problems that litigation critics complain of most. Recent Delaware Court of Chancery decisions are yet another example of that leadership. We begin to show how that is being done, by outlining the perceived problems.

By Edward M. McNally

7 minute read

October 24, 2018 | Delaware Business Court Insider

The answer to the question posed in the title to this article may seem devious to you. After all, the answer must be “no” if we want anyone to serve on a corporate board of directors.

By Edward M. McNally

5 minute read

September 12, 2018 | Delaware Business Court Insider

Appraisal litigation is unique under Delaware law. In almost every instance you can think of, once an event provides a right to recover damages (such as a fire caused by negligence), what happens later is relevant to determining the amount of damages.

By Edward M. McNally

6 minute read

August 01, 2018 | Delaware Business Court Insider

We all sometimes believe we know more than what we really do understand. Despite scholarly warnings about that tendency, it continues to mislead us. Now that same error is threatening the legal profession.

By Edward M. McNally

1 minute read

June 20, 2018 | Delaware Business Court Insider

Every transaction to some extent is based on trust. At least a buyer trusts that a seller is not actively trying to defraud him.

By Edward M. McNally

1 minute read

March 21, 2018 | Delaware Business Court Insider

A series of recent Delaware court decisions have caused some plaintiffs law firms to decide stockholder litigation should no longer be filed in the Delaware courts.

By Edward M. McNally

1 minute read

January 31, 2018 | Delaware Business Court Insider

Where does your company want to be sued? Of course, the obvious answer is “nowhere.” But in this litigious country that is not realistic.

By Edward M. McNally

6 minute read

November 14, 2017 | Delaware Business Court Insider

Delaware recognizes the need to promptly resolve disputes over the composition of the board of directors of a Delaware corporation.

By Edward M. McNally

5 minute read

July 20, 2017 | Delaware Business Court Insider

Sometimes more is not a good idea. That is the case when a complaint alleges multiple bases to invoke the jurisdiction of the Delaware Court of Chancery, but still fails to sustain that subject matter jurisdiction.

By Edward M. McNally

5 minute read