When you first have the opportunity to defend an employee discrimination suit, it may seem like a daunting task. But in reality, the defense of such matters differs little from other types of litigation. By using a step-by-step approach, you will greatly enhance your client’s chances for success. The purpose of this chapter is to review…

The delicate balancing act between employers’ and employees’ needs and desires and equal employment laws has recently captured the attention of the U.S. Equal Employment Opportunity Commission (EEOC). Specifically, the EEOC has issued new enforcement guidance on unlawful disparate treatment of workers with caregiving responsibilities. Discrimination against caregivers is also known as Family Responsibilities Discrimination or…

The Delaware Court of Chancery holds that a company's notice of annual meeting identifying election of directors as "business" allows dissident stockholder to nominate director candidates without advance notice.

The statutory tests of § 144 have been erroneously intertwined with longstanding common law principles and have eroded the plain meaning of unrelated statutory law.

In the last few months, the United States District Court for the District of Delaware has issued a number of decisions of note in the intellectual property area.

It has become increasingly common for incumbent boards to settle proxy contests by agreeing to include on the company’s slate one or more of the nominees on the dissident’s slate.  A recent Delaware decision provides guidance to boards and their advisors regarding when agreements relating to board service raise vote-buying concerns.…

The Dura case should provide necessary caution to those parties who trade in distressed debt. The terms of these types of instruments must be closely scrutinized before making an investment, as the provisions of these agreements require considerable analysis. If an investor, upon fully considering the ramifications of subordination and the narrow scope of an…

Legislation has been introduced in the Delaware General Assembly that will affect the transfer or closing of facilities in Delaware where chemical or hazardous substances have been or are located.

On January 28, 2008, President Bush signed into law the first legislative expansion of rights under the Family and Medical Leave Act ("FMLA") since its enactment in 1993.

In United Rentals, Inc. v. RAM Holdings, Inc., the Delaware Court of Chancery used the forthright negotiator principle in interpreting an otherwise ambiguous contractual provision. The Court applied this principle in denying the plaintiff’s petition for specific performance of a merger agreement. Those involved in the negotiation of contractual provisions should take note; in certain circumstances…