Blake Rohrbacher focuses his practice on litigation as well as advisory and transactional matters relating to Delaware corporations and alternative entities. An associate in the firm’s Corporate Department, he also advises corporate boards and board committees with respect to governance, litigation and transactional issues. Blake has represented numerous corporations, directors and alternative entities in the Delaware Court of Chancery and the Delaware Supreme Court in corporate control, corporate governance, statutory and contractual disputes. Blake also has particular expertise in Delaware law regarding nonstock corporations, having served on the drafting subcommittee responsible for the 2010 nonstock amendments to Delaware's General Corporation Law.
Blake is a contributing author to The Delaware Law of Corporations and Business Organizations, and a co-author of Fundamentals of Corporate Governance: A Guide for Directors and Corporate Counsel. He is also the author of Delaware Uniform Citation, published by the Litigation Section of the Delaware State Bar Association. In law school, Blake served as executive editor of the Yale Law Journal.
Blake's other publications include:
- "TOUSA, USACafes, and the Fiduciary Duties of a Parent's Directors Upon a Subsidiary's Insolvency," Norton's Annual Survey of Bankruptcy Law, 2011
- "Fair Summary II: An Update on Delaware's Disclosure Regime Regarding Fairness Opinions,” Business Lawyer, 2011
- "New Day for Nonstock Corporations: The 2010 Amendments to Delaware's General Corporate Law,” Business Lawyer, 2011
- "Chancery Court Demonstrates the 'Entire Fairness' Standard Can Be Met," Delaware Business Court Insider, Apr. 2011
- "Reviewing the Standards of Review in Delaware," Insights, Mar. 2011
- "Poison Pills - How Effective Is Too Effective?" The M&A Lawyer, Sept. 2010
- "Amendments to Delaware General Corporation Law," Insights, June 2010
- "Prediction Protection: The Delaware Supreme Court's Amylin Footnote,” Insights, Nov. 2009
- "Destaggering with Class: A Plan for Potential Targets in Troubled Times,” Corporate Governance Advisor, Nov./Dec. 2009
- "An Unremarkable Case: Good Faith After Lyondell," Corporate Governance Advisor, July/Aug. 2009
- "Delaware Supreme Court Reverses Chancery Court's Lyondell Decision," Corporation, Apr. 15, 2009
- "Lessons from the Meltdown: Remedies," Deal Lawyers, Mar.-Apr. 2009
- "Lessons from the Meltdown: MAE Clauses," Deal Lawyers, Jan.-Feb. 2009
- "Lessons from the Meltdown: Reverse Termination Fees," Deal Lawyers, Nov.-Dec. 2008
- "Fair Summary: Delaware's Framework for Disclosing Fairness Opinions,” Business Lawyer, 2008
- "Finding Safe Harbor: Clarifying the Limited Application of Section 144," Delaware Journal of Corporate Law, 2008
- "The Right Protection: More on Advancement and Indemnification," The Review of Securities & Commodities Regulation, 2008
- "The Fiduciary Duties of Officers Under Delaware Law,” Insights, June 2008
- "Dealing with Dissidents: Vote-Buying and Management Slates,” Insights, Apr. 2008
- "The Implications of Netsmart for Private Companies,” Insights, Jan. 2008
- "Winning the Class Struggle: Acquirer Strategies for Declassifying Classified Boards,” Corporate Governance Advisor, Jan./Feb. 2008
- "Form or Substance? The Past, Present, and Future of the Doctrine of Independent Legal Significance,” Business Lawyer, 2007
- "No Surprises: The Mandatory Nature of Mandatory Advancement and Indemnification,” Corporate Governance Advisor, Nov./Dec. 2007
- "The Price of Remorse: Paying Reverse Termination Fees to Excuse Performance,” Insights, Oct. 2007
- "Paying for the Privilege of Independence: Termination Fees Triggered by ‘Naked No Votes,’” Insights, Sept. 2007
- "The Shops Are Open: Delaware’s New Take on Go-Shop Provisions under Revlon,” Insights, July 2007
- "Deepening Insolvency: Developments for Directors,” Corporate Governance Advisor, Jan./Feb. 2007