The purpose of this article is to provide an overview of (i) the basic concepts of an Asset Protection Trust and (ii) the possible planning opportunities that may exist in creating such a Trust. Given our experience with the Delaware Qualified Dispositions in Trust Act (the “Act”) and the many unique advantages of Delaware law, we…

Deepening insolvency first appeared as a theory of damages. It rapidly expanded into an independent cause of action that threatened directors and officers of insolvent companies. Then, almost as rapidly, many courts abandoned it. Once seen as a potent plaintiff device for suits against officers and directors,1 deepening insolvency—in the latest stage of its evolution—has faded…

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.

In Stone v. Ritter, the Delaware Supreme Court affirmed the Court of Chancery’s dismissal of a complaint bringing a stockholders’ derivative action against fifteen current and former directors of AmSouth Bancorporation (“AmSouth”), a Delaware corporation.

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.

A summary of the amendments to the General Corporation Law of the State of Delaware (the “General Corporation Law”) and to certain provisions of the Delaware Code relating to corporate franchise taxes is enclosed.

The Delaware State Legislature recently enacted a series of amendments to the Delaware Statutory Trust Act.

Delaware Bankruptcy Court Approves Non-Consensual Third Party Releases in Chapter 11 Plan