Delaware Business Court Insider | News
By Tom McParland | February 21, 2018
The Delaware Court of Chancery on Tuesday ruled that a challenge to natural gas company Regency GP's 2015 merger with Energy Transfer Partners had cleared a preliminary hurdle to show that Regency's board may have approved a deal that it knew was not in the firm's best interest.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | February 21, 2018
The Delaware Limited Liability Company Act's policy is to give the maximum effect to the principle of freedom of contract in LLC operating agreements.
Delaware Business Court Insider | Commentary
By P. Clarkson Collins Jr. | February 14, 2018
The Delaware Supreme Court recently issued an important corporate law decision addressing issue preclusion in the context of multiple shareholder derivative actions.
Delaware Business Court Insider
By Barry M. Klayman and Mark E. Felger | February 14, 2018
Vice Chancellor J. Travis Laster held that a provision in a stockholders agreement that purported to limit the board's authority to select the company's chief executive officer was ineffective because it conflicted with the Delaware General Corporation Law.
Delaware Business Court Insider | News
By Tom McParland | February 13, 2018
The Delaware Court of Chancery on Monday ruled that billionaire William I. Koch could not block a private equity firm from forcing the sale of his Oxbow Carbon energy company, finding gaps in the LLC agreement were being used to scuttle members' attempts to force an exit sale.
Delaware Business Court Insider | Commentary
By Michelle Reed and Matthew Lloyd | February 7, 2018
The Delaware Supreme Court declined to adopt a new standard governing issue preclusion of derivative actions, creating a tension with Delaware courts' forceful encouragement that stockholders fully investigate their claims before pursuing such actions on behalf of a company.
Delaware Business Court Insider | News
By Tom McParland | February 2, 2018
A U.S. Senate bill backed by conservative Sen. John Cornyn, R-Texas and liberal Sen. Elizabeth Warren, D-Massachusetts, aimed at curbing forum-shopping in Chapter 11 bankruptcy cases, has sparked stiff opposition from Delaware's elected officials and reignited a battle that has roiled policymakers and the bankruptcy bar for decades.
Delaware Business Court Insider | Commentary
By Edward M. McNally | January 31, 2018
Where does your company want to be sued? Of course, the obvious answer is “nowhere.” But in this litigious country that is not realistic.
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | January 24, 2018
Stockholder M&A challenges in the Delaware Court of Chancery have declined in the wake of the well-known Trulia (and its federal corollary Walgreens) and Corwin decisions, which respectively reduced incentives for pre-closing M&A challenges by outlining a strict standard of review for disclosure-only settlements; and confirmed that, regardless of whether the process at issue complied with Revlon, transactions approved by an informed and uncoerced stockholder vote are subject to the protections of the business judgment rule.
Delaware Business Court Insider | Commentary
By Arthur R. Bookout | January 10, 2018
While many view the period between Thanksgiving and Jan. 1 as a hectic time of year, no one has been working harder than the Delaware courts.
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