Emily L Wheatley

Emily L Wheatley

March 24, 2021 | Delaware Business Court Insider

Court Addresses Common Choice of Law Issue in New Context—D&O Liability Insurance Policies

In a recent decision, the Delaware Supreme Court affirmed a ruling of the Delaware Superior Court that Delaware has a more significant relationship than California to a directors' and officers' liability insurance policy (D&O policy), at least when the dispute involves a Delaware corporation and its directors and officers.

By Joanna J. Cline and Emily L. Wheatley

8 minute read

November 25, 2020 | Delaware Business Court Insider

Court of Chancery Speaks on an Increasingly Common Choice of Law Issue

In a recent decision, the Delaware Court of Chancery faced the increasingly common situation in which parties' contractual provisions select Delaware law to govern the parties' disputes in an apparent attempt to bypass the law of another state that otherwise would be applicable.

By Joanna J. Cline and Emily L. Wheatley

6 minute read

May 27, 2020 | Delaware Business Court Insider

In Mergers, Common Interest Doctrine Applies Only When Parties Share Primarily Legal, Not Commercial, Interests

The Delaware Superior Court recently elaborated on the common interest doctrine in the context of a merger. In American Bottling v. Repole, Judge Abigail LeGrow held that privileged communications shared with a third party during the final stages of a merger were not subject to the common interest doctrine.

By Joanna J. Cline and Emily L. Wheatley

6 minute read