Delaware Bankruptcy Judge Shannon holds in the Accuride chapter 11 case that a noteholder, who gave erroneous information to the debtor in its subscription to a rights offering for new notes pursuant to a plan, was not entitled to an additional distribution to cover the difference in value between what it thought it was subscribing for and what it actually submitted to the debtor in its subscription form.

The Equal Employment Opportunity Commission (EEOC) has issued final regulations interpreting the Genetic Information Nondiscrimination Act (GINA), which will become effective on January 10, 2011.

In a recent opinion, the Delaware Court of Chancery considered whether creditors of an insolvent limited liability company have standing to assert derivative claims under the Delaware Limited Liability Company Act.

The Dodd-Frank Act’s adoption of say-on-pay and the SEC’s new proxy access rule implicate state law issues with regard to stockholders’ meetings. The authors discuss these issues in the context of an overview of Delaware law requirements for such meetings.

In a recent opinion, the Delaware Court of Chancery applied standard Delaware contract interpretation principles to interpret a limited partnership agreement of a Delaware master limited partnership and permitted a strategically compelling simplification transaction to proceed.

In three recent decisions, the Delaware Court of Chancery addressed important issues in connection with the restructuring of publicly traded alternative entities. The issues addressed included fiduciary duties and the implied contractual covenant of good faith and fair dealing.

In a recent opinion, the Delaware Court of Chancery further clarified the role of the implied covenant of good faith and fair dealing in interpreting a limited partnership agreement.

In Atlas, the Delaware Court of Chancery considered issues relating to the modification and elimination of fiduciary duties in a limited liability company agreement and the implied covenant of good faith and fair dealing in connection with a challenged merger.

In light of recent public discussion with respect to the use of defensive measures by closed-end funds to counteract takeover attempts, this article addresses some of the more common defensive measures that have been adopted by closed-end funds organized as Delaware statutory trusts and the permissibility of such measures under Delaware law.

In Lambrecht v. O’Neal, No. 135, 2010, 3 A.3d 277 (Del. Aug. 27, 2010), the Delaware Supreme Court answered a certified question of law submitted by the United States District Court for the Southern District of New York (the “Southern District Court”). In this en banc opinion, the Delaware Supreme Court clarified the standing requirements for maintaining a “double derivative” suit under Delaware law.