The Dragon in the Room: China’s Anti-Monopoly Law and International Merger Review
In a world where mergers affect every corner of the planet, any government seeking competitive markets has an interest in ensuring that these mergers are not harmful to competition. As China, the world’s most populous country, has committed to a market economy, it has now taken the momentous step of enacting its own Anti- Monopoly Law.
Don’t Throw Away Your Deepening Insolvency Materials Just Yet…Damages Under Thabault v. Chait, and Harmonizing Brown Schools with Radnor Holdings and Post-CitX Case Law
In the wake of opinions such as the Delaware Court of Chancery's Trenwick America Litigation Trust v. Ernst & Young, L.L.P., the Third Circuit's In re CitX Corp., Inc., and the Delaware Bankruptcy Court's In re Radnor Holdings Corp., many had proclaimed the controversy theory of deepening insolvency to be "dead."
An Unremarkable Case: Good Faith After Lyondell
Lyondell reaffirmed the definition of bad faith set forth by the Court in its Disney opinion and confirmed that Disney’s bad-faith standard applies in the transactional context.
Amendments to Delaware’s Alternative Entity Legislation Enacted
Amendments to legislation affecting Delaware LLCs, general partnerships and limited partnerships have recently been enacted.
Delaware’s Anti-Discrimination Laws Have Been Extended to Include Protection from Discrimination Based on Sexual Orientation
Recent judicial decisions address E-Verify Rules and discrimination based upon sexual orientation under Title VII.
Delaware Common Interest Ownership Act Amended and Deferred
On October 31, 2008, Governor Minner signed into law the Delaware Uniform Common Interest Ownership Act. The Act, which was effective October 31, 2008, affects both new and existing communities, including certain maintenance associations.
Proposed Financial Institution Regulatory Reforms
In response to the current economic crisis and near failure of the financial system, President Barack Obama and the members of his administration have proposed sweeping regulatory reforms of the financial services industry.
Issue editor, Delaware Lawyer
The Alphabet Soup of the Federal Crisis Programs
This two-part article attempts to make some sense out of the alphabet soup of the federal crisis programs by providing a detailed introduction to each program that has been founded since the passage of EESA in October 2008.
Co-author, Fundamentals of Corporate Governance – A Guide for Directors and Corporate Counsel (2nd edition)