In ATP Tour, Inc. v. Deutscher Tennis Bund, the Delaware Supreme Court, by Justice Berger, in responding to certified questions of law from the United States District Court for the District of Delaware, held that a provision of a Delaware nonstock corporation’s bylaws that shifted litigation expenses to the losing party in intra-corporate litigation was facially valid under Delaware law and may be enforced if the provision was adopted through appropriate corporate procedures and for a proper corporate purpose.

Getting the Deal Through is delighted to publish the twelfth edition ofDispute Resolution, a volume in our series of annual reports, which provides international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people.

This article discusses the impact that Section 503(b)(9) of the Bankruptcy Code may have on the funding needs of a case and explores the manner in which the Delaware bankruptcy court has addressed the issue.

On April 1, Trupanion Inc. and its chief executive officer filed what is believed to be the first petition seeking relief in the Delaware Court of Chancery pursuant to Section 205 of the Delaware General Corporation Law. In less than a month, the Chancery Court issued a final order in the action, resolving multiple questions relating…

In Third Point LLC v. Ruprecht, et al., C.A. No. 9469-VCP (Del. Ch. May 2, 2014), the Delaware Court of Chancery denied preliminary injunctive relief against Sotheby’s annual meeting, scheduled for May 6, 2014. Plaintiffs, including Third Point LLC and other stockholders, claimed that the board had violated its fiduciary duties by (1) adopting a stockholder…

In In re Asarco, the Fifth Circuit held that 11 U.S.C. § 330 permits the bankruptcy court to enhance the fees of counsel but does not permit the bankruptcy court to award attorney fees incurred by counsel in defending its fee application. ASARCO was a copper mining, smelting and refining company. Two years before it commenced…

The 2014 proposed amendments to the DGCL would give corporations and their counsel increased flexibility in structuring transactions and in effecting various corporate acts.

As the home of so many of the nation’s business entities, Delaware sees a corresponding share of their disputes in its courts. And given the United States Supreme Court’s recent decision in Daimler AG v. Bauman, Delaware companies are now “at home” (for jurisdictional purposes) in fewer places, further underscoring the national importance of Delaware’s business…

Legislation proposing to amend the General Corporation Law of the State of Delaware has been submitted to the Corporation Law Section of the Delaware State Bar Association for approval. If enacted, the proposed amendments would become effective on August 1, 2014

Courts in the two circuits, which saw the majorityof 2013’s Chapter 15 recognition proceedings,recently addressed—and came to oppositeconclusions about—a novel issue: whether anentity is required to have property in the UnitedStates to qualify for relief as a debtor underChapter 15 of the United States BankruptcyCode. Chapter 15 is the equivalent of a proceedingunder Part IV of…