Delaware Business Court Insider
By Cliff C. Gardner and John Saathoff | September 14, 2022
We would expect incorporators and their counsel to consider including officer exculpation in the certificates of incorporation of newly formed companies and the directors and stockholders of existing Delaware corporations to consider whether it is in their best interests to amend their certificate of incorporation to provide for these newly available officer liability protections.
Corporate Counsel | Expert Opinion
By Tarifa Laddon, Lexi Fuson, Lisa Dunkin and Alexis Knutson | September 12, 2022
Now more than ever, corporate litigants want representation that embodies the spirit of diversity. Jurors want to see and hear from lawyers who look like them, and litigants want representation that brings a diverse set of experiences and backgrounds into the courtroom.
By Dan Roe | September 7, 2022
Canadian law firm McCarthy Tétrault is owed $1.6 million, according to the British movie theater chain's bankruptcy filing.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | September 7, 2022
When a controlling stockholder is on both sides of a transaction, the Delaware courts' most searching standard of review, entire fairness, is likely to apply. That generally means that a plaintiff who can credibly allege unfairness is likely to survive a motion to dismiss. It does not follow, however, that plaintiff will prevail at trial.
By Dan Roe | September 6, 2022
Growth is coming naturally for the midsize firm, but managing partner Reid Phillips said preserving the firm's "well-knit" culture is top-of-mind as the 107-lawyer firm accommodates expansion.
Law.com | How I Made It|Profile|Q&A
By Tasha Norman | September 1, 2022
"Take the time to establish and nurture relationships with your peers and do not be afraid to occasionally appreciate your successes."
By Amy Guthrie | August 31, 2022
Henry Roque rejoins the firm after close to seven years at Holland & Knight, where he was a partner.
The American Lawyer | Analysis
By Dan Roe | August 25, 2022
Rising compensation expenses meet low demand and excess capacity as record-breaking summer associate classes are making way for a healthy quotient of incoming first-years.
Delaware Business Court Insider | Commentary
By Molly DiBianca | August 17, 2022
In a recent decision, Metro Storage International, v. Harron, C.A. No. 2018-0937-JTL (Del. Ch. May 4, 2022), the Delaware Court of Chancery made clear that executives who engage in double dealing will pay a high price for their bad acts.
Delaware Business Court Insider | Commentary
By Robert B. Greco and Brian T.M. Mammarella | August 17, 2022
Where a literal reading yields a result at odds with what the drafters would have reasonably intended (which itself derives from the commercial context evidenced in plain terms throughout the instrument), literal meaning gives way to a more nuanced "objective" meaning. This article explores the application of this key precept in the interpretation of charters and bylaws.
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