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."

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 legislation affecting Delaware LLCs, general partnerships and limited partnerships have recently been enacted.

Recent judicial decisions address E-Verify Rules and discrimination based upon sexual orientation under Title VII.

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.

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.

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.

The Court of Chancery in In re Citigroup Inc.  Shareholder Derivative Litigation, acknowledged for the first time that a duty to oversee business risk exists under Delaware law and Caremark specifically, but the life of that duty was short.  It may live on doctrinally, but in practice, Citigroup has made it extraordinarily difficult for…