Edward M Mcnally

October 09, 2013 | Delaware Business Court Insider

There is much agitation over multiforum litigation. Both the typical defendants in such cases, corporations involved in a merger, and the courts decry what they see as duplicative suits over the same dispute in two or more jurisdictions. The past legal rules that might have resolved the issue of what case goes forward no longer seem to work. The Delaware Court of Chancery is now moving forward to develop new approaches to resolve the problems presented by multiforum litigation over the same basic dispute.

By Edward M. McNally

5 minute read

February 08, 2012 | Delaware Business Court Insider

Litigation in multiple courts over the same basic claim continues to be a serious problem for corporate defendants. Indeed, some commentators argue the problem is getting worse. It is now almost certain that any merger or going-private transaction involving a publicly traded company will generate multiple suits. In fact, even the suits themselves now generate tag-along litigation.

By Edward M. McNally Special to the DBCI

5 minute read

January 11, 2012 | Delaware Business Court Insider

Edward M. McNally ([email protected]) is a partner at Morris James in Wilmington and a member of its corporate and fiduciary litigation group. He practices primarily in the Delaware Superior Court and Court of Chancery handling disputes involving contracts, business torts and managers and stakeholders of Delaware business organizations. The views expressed herein are his alone and do not necessarily reflect the firm or any of the firm's clients.

By Edward M. McNally Special to the DBCI

6 minute read

August 03, 2011 | Delaware Business Court Insider

Special to the Delaware Business Court InsiderHow would you like to advance your opponent's legal fees as you fight out your dispute in court? That is bad enough when you are the plaintiff. It is even worse when you have been sued and you find your company paying the plaintiff's attorney fees and expenses to prosecute his or her claims against you. Yet all that can and does happen in suits involving directors and officers in litigation with their former company. How can this happen?

By Edward M. McNally Special to Delaware Law Weekly

5 minute read

January 10, 2013 | Legaltech News

In four decisions issued on January 2, the Delaware Supreme Court changed the common practice among Delaware lawyers concerning discovery schedules in state litigation, which may affect how trial courts control their dockets.

By Edward M. McNally

7 minute read

January 23, 2013 | Delaware Law Weekly

In four decisions issued on the same day, January 2, the Delaware Supreme Court has radically changed the common practice among Delaware lawyers concerning discovery schedules in Delaware litigation.

By Edward M. McNally

7 minute read

November 16, 2011 | Delaware Business Court Insider

What happens when two courts in different states have the same case? Delaware courts, both state and federal, frequently face that question.

By Edward M. McNally Special to the DBCI

6 minute read

April 17, 2013 | Delaware Business Court Insider

The corporate defense bar is excited over the Delaware Supreme Court's April 14 decision in Pyott v. Louisiana Municipal Police Employees' Retirement System, No. 380, 2012 (more often referred to as the "Allergan case"). The Supreme Court reversed a Court of Chancery decision that had refused to dismiss a Delaware derivative complaint notwithstanding that a California federal court had previously dismissed virtually the same complaint.

By Edward M. McNally

5 minute read

March 07, 2012 | Delaware Business Court Insider

The Delaware Court of Chancery recently took the largely unprecedented step of appointing a receiver for a Delaware limited liability company. While Jagodzinski v. Silicon Valley Innovation Co. LLC is a short opinion, it has large implications. Here are just a few, but first it is necessary to focus on its odd facts.

By Edward M. McNally

5 minute read

October 12, 2011 | Delaware Business Court Insider

Agreements to negotiate in good faith can create issues for the unwary. The potential traps of such an agreement appear in the Court of Chancery's Sept. 22 decision in PharmAthene Inc. v. SIGA Technologies Inc.

By Katherine J. Neikirk and Edward M. McNally

6 minute read