Edward M Mcnally

April 15, 2015 | Delaware Business Court Insider

Delaware is about to enact the Delaware Rapid Arbitration Act, which is intended to address the increasing costs and delays associated with traditional arbitration of business disputes.

By Edward M. McNally

5 minute read

April 15, 2015 | Delaware Business Court Insider

Delaware is about to enact the Delaware Rapid Arbitration Act, which is intended to address the increasing costs and delays associated with traditional arbitration of business disputes.

By Edward M. McNally

5 minute read

February 24, 2015 | Delaware Business Court Insider

Business lawyers frequently face mistakes their clients make in documenting what they want to accomplish in terms of corporate actions, such as issuing stock. Clients will ask for advice years after they have delivered stock certificates to investors, but without actually authorizing that stock in any formal way. That stock is not valid. What to do about that and similar miscues has long been a problem.

By Edward M. McNally

4 minute read

February 24, 2015 | Delaware Business Court Insider

Business lawyers frequently face mistakes their clients make in documenting what they want to accomplish in terms of corporate actions, such as issuing stock. Clients will ask for advice years after they have delivered stock certificates to investors, but without actually authorizing that stock in any formal way. That stock is not valid. What to do about that and similar miscues has long been a problem.

By Edward M. McNally

4 minute read

January 14, 2015 | Delaware Business Court Insider

A fairly new litigation development is the subject of two Delaware Court of Chancery decisions issued on the same day. Both cases sustained the right of appraisal arbitrageurs to seek appraisal of the stockholdings following a cash-out merger. Had the court ruled differently, it might have severely limited such actions in Delaware.

By Edward M. McNally

6 minute read

January 14, 2015 | Delaware Business Court Insider

A fairly new litigation development is the subject of two Delaware Court of Chancery decisions issued on the same day. Both cases sustained the right of appraisal arbitrageurs to seek appraisal of the stockholdings following a cash-out merger. Had the court ruled differently, it might have severely limited such actions in Delaware.

By Edward M. McNally

6 minute read

December 17, 2014 | Delaware Business Court Insider

A recent decision by the Delaware Court of Chancery may have plowed fresh ground by establishing a new tort claim against corporate directors. Lee v. Pincus, C.A. No. 8458-CB (Del. Ch. Nov. 14, 2014), held that directors who released themselves from a lockup agreement gained a benefit that was not shared with stockholders and may be liable to those stockholders as a result.

By Edward M. McNally

5 minute read

November 19, 2014 | Delaware Business Court Insider

Delaware's courts continue to struggle with the problem of how to control multiple suits in multiple jurisdictions, over the same basic dispute. Just recently, the Delaware Supreme Court explained how the lower courts should deal with this problem, in its decision in The North River Insurance v. Mine Safety Appliances, 2014 Del. LEXIS 527 (Del. Nov. 6, 2014). The Supreme Court's careful analysis is worth reviewing.

By Edward M. McNally

5 minute read

November 05, 2014 | Delaware Business Court Insider

A recent decision of the Court of Chancery may significantly affect how breach of fiduciary litigation is conducted in the Delaware courts.

By Edward M. McNally

5 minute read

October 08, 2014 | Delaware Business Court Insider

A recent Delaware decision highlights a trap for the unwary adviser to a business entity. The decision holds that helping a business get started may create fiduciary duties owed by the adviser, even if he or she is not acting in one of the roles that are normally thought of as creating such duties, such as serving as a lawyer or trustee.

By Edward M. McNally

5 minute read