In Louisiana Municipal Police Employees’ Ret. Sys. v. Pyott, the Court of Chancery held that a federal court’s decision to dismiss derivative litigation for failure to plead demand futility adequately under Rule 23.1 did not preclude relitigation of that same issue in another case involving a different stockholder plaintiff.

Recently, in Keyser v. Curtis, the Court of Chancery applied the entire fairness standard when considering a challenge to the issuance of super-voting preferred stock.

In Americas Mining Corp. v. Theriault, the Delaware Supreme Court affirmed the Court of Chancery’s post-trial decision and final judgment awarding more than $2 billion in damages (including interest) and $304 million in attorneys’ fees in In re Southern Peru Copper Corp. Shareholder Derivative Litigation, revised Dec. 20, 2011).

In In re Tribune Company, et al., the Delaware Bankruptcy Court granted a motion for stay pending appeal of a plan confirmation order subject to the movants posting a $1.5 billion supersedeas bond.

Delaware limited partnerships and limited liability companies, sometimes referred to collectively as alternative entities, are not the same as corporations, although there are many similarities.

On January 5, 2010, the Delaware Court of Chancery adopted a set of rules providing for arbitration in the court, giving life to a recently adopted statute permitting Delaware’s Chancery judges to act as private arbitrators.

On June 25, 2012, Governor Jack Markell signed into effect House Bill No. 109, as amended, which revised what is sometimes called the contractor prompt payment act.

Legislation amending the General Corporation Law of the State of Delaware was adopted by the Delaware General Assembly and was signed by the Governor of the State of Delaware on June 29, 2012.

This article will discuss recent Delaware case law addressing derivative actions involving registered investment companies organized as Delaware statutory trusts.

Members of a limited liability company often take advantage of the contractual flexibility afforded by the LLC Act to modify fiduciary duties and liabilities. However, eliminating fiduciary duties and, at the same time, limiting the liability of a person for breaches of fiduciary duty can lead to difficult interpretive questions.