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Weakening Corporate Governance: Delaware Courts and the Contored Exception to the Demand Requirement
31 May 2007, 5:15 am
Part of the explanation for the stepped up involvement by the SEC is the declining substantive standards under state law. [read post]
16 Dec 2009, 7:58 am
Supreme Court, executions could soon resume in the state. [read post]
4 Aug 2022, 3:45 am
The DGCL amendments also make various adjustments to ease the process for non-United States entities to domesticate to Delaware. [read post]
21 Mar 2013, 6:19 am
The court, applying Delaware law, found that the plaintiff had not pleaded facts sufficient to show that demand would have been futile, or to state a claim upon which relief could be granted. [read post]
7 Nov 2011, 7:43 pm
The Court of Chancery focused on the internal affairs doctrine that would apply Delaware law in this case and the wisdom of having the court whose state law applied being the forum where the case was adjudicated. [read post]
14 Jan 2012, 8:01 pm
Professor Steven Davidoff provides scholarly and statistical analysis of M & A litigation in a recently published article, in which he also addresses the issue of whether Delaware is “losing” that type of litigation to other states, and related aspects of this topic. [read post]
1 Nov 2014, 10:36 pm
The court went so far as to say that a company’s “intent to deter litigation” might be a proper purpose for shifting legal fees to a plaintiff.Because most companies are incorporated in Delaware, the state Supreme Court’s blessing of fee-shifting will result in fewer shareholder actions and less accountability, legal experts say. [read post]
2 Dec 2010, 5:53 pm
’’ Other companies select a ``defined term alternative’’ under which the charter flatly states that each class of directors must serve for three years. [read post]
24 Sep 2008, 11:02 am
In another example of the states regulating and the feds deregulating (or actually just preventing climate change laws from taking effect), Delaware made revisions to its state implementation plan under the Clean Air Act, making carbon dioxide a regulated pollutant. [read post]
13 Aug 2013, 7:00 am
Effective August 1, 2013, Delaware became the 20th state to adopt its own version of the Benefit Corporation. [read post]
5 Nov 2010, 4:45 am
Rev. 679 (2002), the academic community’s view of Delaware had changed: Delaware was not facing direct competition from other states, but rather winning by default. [read post]
3 Feb 2017, 10:30 am
Florida rendered the state's death penalty law unconstitutional. [read post]
19 Feb 2008, 6:10 am
With minor exceptions, states have not adopted the ALI Principles and Delaware’s General Assembly had never seen fit to grant directors standing to bring derivative claims. [read post]
24 Nov 2011, 12:00 pm
Alaska, Delaware, Nevada, and South Dakota offer all of these... [read post]
8 Dec 2007, 11:39 am
Most readers are aware that courts do not give merely "advisory" opinions without a real case or controversy, but Delaware has a specific provision in the state constitution that allows the Delaware Supreme Court to provide, upon formal request by the Governor, an opinion on important unresolved legal issues on which that the Delaware Governor needs a conclusive opinion.Here is an editorial in the News Journal, the… [read post]
2 May 2012, 11:07 am
Delaware, the first state to ratify the constitution, may soon be first in another category: federal district court with the most patent cases. [read post]
2 May 2012, 11:07 am
Delaware, the first state to ratify the constitution, may soon be first in another category: federal district court with the most patent cases. [read post]
28 Jan 2020, 6:29 am
[On January 8, 2020], the Delaware Supreme Court heard the appeal in Sciabacucchi v. [read post]
9 Dec 2011, 7:47 am
Moreover, if the parties intended to apply traditional fiduciary duties to their relationship, they could easily add a provision stating precisely that in the agreement. [read post]
14 Jul 2009, 6:37 am
"I would put the Delaware judiciary person to person up against any judiciary in any state in the United States," says Stacey Mobley, who recently retired after a career at DuPont, the last 10 years as general counsel, and joined Dickstein Shapiro. [read post]
