This Q&A from Practical Law Company gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarizes the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and…

Can the bankruptcy plan provide that the securities claims — which are not estate causes of action because they belong to the bondholders individually, not to the company — be assigned to the litigation trust so that the trust can efficiently litigate these claims and distribute the proceeds thereof to the bondholders? This article explores the…

In three recent opinions, the Delaware Court of Chancery has addressed the scope of indemnification and advancement bylaws and has made some statements that may come as a surprise to corporate practitioners. In one of those cases, the Court held that an unvested right to indemnification or advancement in a corporation’s bylaws could be eliminated through…

Bankruptcy Court holds that private label credit card program is not a contract to make a loan or to extend a financial accommodation and thus may be assumed and assigned over the credit card issuer's objection.

The U.S. Department of Labor has issued the final regulations under the Family Medical Leave Act (FMLA) clarifying certain employer and employee leave rights under the law

For the first time since the enactment of the Delaware Statutory Trust Act (the “DSTA”) more than twenty years ago, a Delaware court has addressed fiduciary duties in the context of a Delaware statutory trust.

On October 31, 2008, Governor Minner signed into law the Delaware Uniform Common Interest Ownership Act.

Delaware's Statute of Frauds Applies to LLC Agreements

As the economy travels its roller-coaster path, deal lawyers are constantly in danger of drafting merger provisions that deal with yesterday’s problems. During the frothy “up” market that developed after the Internet bubble burst in 2000, deal lawyers paid relatively little attention to remedies provisions. Relatively few deals fell through in the go-go days of 2005…

During the past few months, the Delaware courts have issued several opinions that raise important issues for Delaware corporations and their advisors.