Dispute Resolution 2013: Delaware
The Delaware judicial system consists of the Supreme Court, Court of Chancery, Superior Court, Family Court, Court of Common Pleas and Justice of the Peace Courts. The Delaware Constitution of 1897 also establishes a Court on the Judiciary with power to censure, remove or retire judicial officers for misconduct or failure to perform duties. The Supreme…
Significant Proposed Amendments to the General Corporation Law of the State of Delaware
The 2013 proposed amendments to the DGCL include some of the most substantial and groundbreaking developments in statutory law in Delaware in years.
In re MFW Shareholders Litigation: Court of Chancery Rules That Dual-Protection Mechanism Results in Business Judgment Review
Chancellor Strine granted summary judgment in a stockholder class action brought to challenge a merger of M&F Worldwide Corp. with its controlling stockholder, MacAndrews & Forbes Holdings Inc.
Poppiti v. Conaty: Chancery Court Declines to Apply the Doctrine of Quantum Meruit When There Is an Express Agreement
In a brief letter opinion, the Court of Chancery granted partial summary judgment to the liquidating trustee of a dissolved LLC and instructed him to distribute the assets of the LLC in accordance with Section 18-804 of the Delaware LLC Act, as contemplated by the LLC’s liquidation agreement.
Senior Housing Capital, LLC v. SHP Senior Housing Fund, LLC: Chancery Court Articulates Standard for Judicial Review of Contractually Designated Appraisal Process
In Senior Housing Capital, LLC v. SHP Senior Housing Fund, LLC, the Court of Chancery considered, inter alia, the level of judicial review applicable to an appraisal process required by an LLC agreement.
Disclosure of Management Projections Under Delaware Law
The Delaware courts have issued a variety of opinions, seemingly pointing in different directions, on the required disclosure of management projections in M & A transactions.
Tracing Del. Bankruptcy Court’s Unclear Tracing Rules
An inherent tension exists between the Bankruptcy Code and the common-law doctrine of constructive trust.
Delaware Passes the Commercial Real Estate Broker’s Lien Act
On May 3, 2013, Governor Jack Markell signed into law House Bill 29, which creates a commercial real estate broker’s lien in Delaware.
Delaware Legalizes Same-Gender Marriage
On May 7, 2013, Delaware Governor Jack Markell signed into law the Civil Marriage Equality and Religious Freedom Act of 2013, which will allow same-gender couples to enter into marriages.
Recent Developments in Delaware Corporate Law
This publication contains recent court decisions affecting Delaware corporations and other business entities, as well as the 2012 amendments to Delaware’s corporate and alternative entity law.…