The Delaware General Assembly recently enacted amendments to the Delaware Statutory Trust Act (the “DSTA”) which will become effective August 1, 2018. The amendments make a variety of changes relating to the nature and operation of statutory trusts, including (i) confirming the ability to use blockchain technology to store trust information, issue shares, and conduct trust…

In the second quarter of 2018, the Delaware Superior Court’s Complex Commercial Litigation Division saw the appointment of Judge Abigail M. LeGrow to the panel. Judge LeGrow joins judges Mary M. Johnston, Eric M. Davis, and Paul R. Wallace.

Recently, Governor John Carney signed Senate Bill No. 170 and House Bill No. 483. SB 170, in conjunction with HB 483, requires Delaware employers to raise the minimum wage over the next two years from $8.25 an hour to $9.25 an hour with the following schedule: $8.75 an hour by January 1, 2019 $9.25 an hour…

At yesterday’s Delaware Division of Corporations User’s Meeting, we were informed that the base fee for all statutory trust filings will increase from $200 to $500 effective August 1, 2018. The certification fee and expedited service fees remain unchanged.…

Delaware’s General Assembly passed House Bill 360, which broadens protections for Delaware workers against sexual harassment. The bill is aimed at combatting sexual harassment in the workplace while ensuring the safety and dignity of all Delaware workers, including state employees, unpaid interns, applicants, joint employees, and apprentices. H.B. 360 applies to all Delaware employers with four…

The Delaware legislature recently passed the Delaware Workers Adjustment and Retraining Notification Act (the “Act”), which is the state’s version of the federal Worker Adjustment and Retraining Notification Act (“federal WARN Act”). It awaits the Governor’s signature. The Act requires certain employers to provide 60 days’ advance written notice prior to an employment loss due to…

Fraudulent transfer plaintiffsfrequently challenge transactionsthat they say contributed tothe company’s insolvency: leveragedbuyouts, cash-out mergers,share redemptions or othermajor transactions where thecompany parts with assets orincurs liabilities. State law (oftenDelaware law) typically governsthese types of transactions,and structuring them usually requiresthe involvement of attorneys,financial professionals andsometimes investment bankers. Because state law applies atthe time the transaction is negotiated,the parties…

The #MeToo movement has sparked worldwide attentionwith its efforts to bring awareness and an end to sexual assault andharassment. The apparent impact can be seen not only in Hollywood butalso right here in Delaware with the passage of House Bill 360, whichbroadens protections for Delaware workers against sexual harassment.The bill is aimed at combatting sexual harassment…

Preparing privilege logs can be one of the most time consuming and difficult tasks in commercial litigation. It is also commonly assigned to the more junior attorneys on the team. As recognized by the Delaware Court of Chancery, “[t]here is no reward for doing a good privilege log. It’s painful. It results in these huge documents.…

On June 27, 2018, Delaware Governor John Carney signed legislation enacting the Delaware Certification of Adoption of Transparency and Sustainability Standards Act (the “Act”), which will become effective on October 1, 2018. The Act, which is the first of its kind, represents Delaware’s initiative to support sustainability practices by providing Delaware-governed entities a platform for demonstrating…