Delaware Business Court Insider | Commentary
By R. Eric Hacker | March 15, 2023
A recent case, Soligenix v. Emergent Product Development Gaithersburg, called upon the Court of Chancery to answer the related questions of whether arbitration materials automatically qualify for confidential treatment under Court of Chancery Rule 5.1.
Delaware Business Court Insider | Commentary
By Mark E. Felger and Simon E. Fraser | March 8, 2023
Chancellor Kathaleen St. Jude McCormick, sitting by designation on the Delaware Superior Court, recently issued an opinion that should serve as a reminder of the harsh consequences that a party may suffer if it fails to properly preserve evidence in the lead-up to litigation.
Delaware Business Court Insider
By ALM Staff | March 6, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
Delaware Business Court Insider | Commentary
By Richard L. Renck | March 1, 2023
The Delaware's Court of Chancery recently issued its memorandum opinion in Hightower Holding v. Gibson, addressing the applicability of a Delaware choice-of-law clause in certain agreements that contained restrictive covenants, including a covenant not to compete.
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller and Daniel S. Barrow | March 1, 2023
In Lordstown, the court makes clear that Section 205 of the Delaware General Corporation Law (the DGCL) is available as an equitable, efficient, and effective judicial path to validate certificates of incorporation and shares issued in reliance thereon that, following the Boxed opinion, were the subject of some uncertainty.
Delaware Business Court Insider | News
By Ellen Bardash | February 15, 2023
Vice Chancellor Lori Will has cleared her calendar for Feb. 20 to hear argument on a segment of the petitions that cite Vice Chancellor Morgan Zurn's decision in 'Garfield v. Boxed Inc.'
By Ellen Bardash | February 15, 2023
Vice Chancellor Lori Will has cleared her calendar for Feb. 20 to hear argument on a segment of the petitions that cite Vice Chancellor Morgan Zurn's decision in 'Garfield v. Boxed Inc.'
Delaware Business Court Insider | Commentary
By Molly DiBianca | February 8, 2023
The enforceability of restrictive covenants, both in Delaware and across the country, is an issue in a state of flux. A recent decision by the Delaware Court of Chancery serves to highlight the court's hesitance to enforce noncompetes in Delaware and the rule recently proposed by the FTC would eliminate noncompetes entirely.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | February 8, 2023
While the Stone v. Ritter decision only recognized the oversight duties of directors, three years later, the Delaware Supreme Court ruled that "the fiduciary duties of officers are the same as those of directors." See Gantler v. Stephens, 965 A.2d 695, 709 (Del. 2009).
Delaware Business Court Insider | Commentary
By Kaan Ekiner and Mark Felger | February 1, 2023
In recent years, litigation over financial projections has increased in frequency. These claims, sometimes involving allegations of fraud, are typically decided by the Delaware Court of Chancery or the Delaware Superior Court's Complex Commercial Litigation Division.
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