An Overview of the Real Estate Finance Opinion Report of 2012

Many state bars and other professional groups have provided reports on opinion practices, both general and specific. Although the Delaware State Bar Association has not yet produced such a report, a recent report by three national lawyer associations should be of interest to lawyers in Delaware who issue opinions in Delaware real estate transactions. The Real…

Recent Developments in Delaware Corporate Law

This publication contains recent court decisions affecting Delaware corporations and other business entities, as well as the 2013 amendments to Delaware’s corporate and alternative entity law.…

Legislation Would Address Abusive Patent-Litigation Tactics

On the heels of the Leahy-Smith America Invents Act, Congress is currently considering a number of bills designed to address abusive patent-litigation tactics associated with nonpracticing entities, often referred to as "patent trolls."

Effect of Post-Petition Payments on ‘New Value’ Defense

The U.S. Court of Appeals for the Third Circuit's recent decision in Friedman's Liquidating Trust v. Roth Staffing Companies LP, provides bankruptcy practitioners with long-awaited guidance on the effect that the post-petition payment of prepetition claims has on the calculation of the "new value" defense for purposes of determining preference liability.

Words that Matter: Considerations in Drafting Preferred Stock Provisions

Pursuant to Delaware law, all capital stock, by default, is created equal unless the company’s certificate of incorporation provides for certain classes or series of preferred stock that enjoy special contractual rights, powers, and preferences over shares of another class or series of capital stock. While the General Corporation Law of the State of Delaware (the…