Criteria for Judicial Recusal
My latest ethics column for The Bencher, the publication of the American Inns of Court, on the titular topic, is reprinted below courtesy of the publisher. I have been writing an ethics column for The...
View ArticleStandards for Judicial Recusal or Disqualification
I recently posted my latest ethics column for The Bencher which provided a short overview of the standards for judicial recusal or disqualification applicable to federal judges. The standards for...
View ArticleWho Can Represent a Cancelled LLC in Response to a Petition Seeking Receiver?
The Delaware Court of Chancery recently addressed the titular topic and reasoned after a thorough analysis that, in opposing the appointment of a receiver, counsel’s “purported representation of a...
View ArticleLimited Discovery in Section 220 Actions
Some readers who have followed these pages over the last 18 years may be weary of reading about DGCL Section 220 court decisions regarding the nuanced right, subject to various prerequisites, of a...
View ArticleTransfer of Cases from Delaware Court of Chancery to Delaware Superior Court
A recent decision of the Delaware Superior Court cited an article that I co-authored with Chauna Abner that provides a step-by-step guide to transferring cases from the Delaware Court of Chancery to...
View ArticleChancery Rules: Party Did Not Have Obligation of “First Contact” for...
I want to thank my partner, Sean Brennecke, for his valuable contribution to this post. The titular holding was rendered in the context of whether substantial compliance was established as a defense...
View ArticleChancery finds Walmart opioid derivative claims timely, but most later fail...
This article was prepared by Frank Reynolds, who has been following Delaware corporate law and writing about it in various publications for more than 35 years. The Delaware Chancery Court has ruled...
View ArticleDid Delaware Supreme Court Merge the Blasius and Unocal Standards in Recent...
This blog’s favorite preeminent corporate law scholar provides learned commentary on the titular topic on his eponymous blog ProfessorBainbridge.com with citations to his prior scholarship and...
View ArticleChancery sets out reasons why DEA Pact, dispenser duty charges passed...
This article was prepared by Frank Reynolds, who has been following Delaware corporate law and writing about it in various publications for more than 35 years. The Delaware Chancery Court has declined...
View ArticleDelaware Court of Chancery Provides Guidance on Standard for Awarding...
The Delaware Court of Chancery recently published an opinion that provides guidance on the latest iteration of the standard that will be applied when the court considers an application for mootness...
View ArticleNew Book on U.S. Supreme Court Justice Clarence Thomas
___________________________________________________________________________ U.S. Court of Appeals Judge Amul Thapar recently published a book entitled, “The People’s Justice: Clarence Thomas and the...
View ArticleTwo Recent Chancery Decisions Provide Cautionary Tales in Section 220 Matters
Over the last 18 years that I have maintained this blog, I have published highlights on these pages, and elsewhere, of about 190 or so Delaware decisions involving stockholder demands under DGCL...
View ArticleChancery Court can use fines, receiver sanctions, to coerce defense...
This article was prepared by Frank Reynolds, who has been following Delaware corporate law and writing about it in various publications for more than 35 years The Delaware Court of Chancery has ruled...
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Deadlines Matter
A recent Delaware Court of Chancery ruling emphasizes the importance of meeting deadlines that are part of a scheduling order, and the consequences for not following those deadlines. In two separate...
View ArticlePre-Trial Deadlines in Summary Proceedings
Any litigator who has been practicing long enough will confront a challenge with a pre-trial deadline. The Delaware Bar, at least traditionally, has had a custom of freely granting reasonable requests...
View ArticleProsecutorial (Lack of) Discretion
I have written an ethics column over the last quarter of a century for the flagship publication of the American Inns of Court. About 7 years ago I wrote about prosecutorial discretion, and the lack...
View ArticleDo Legal Ethics Rules Provide Guidance for Responding to False Accusations?
My latest column on legal ethics for the flagship publication of the American Inns of Court, The Bencher, addresses the titular topic. During the more than 25 years that I have penned the legal ethics...
View ArticleChancery Addresses Fiduciary Duty of Disclosure in Context of a Squeeze-Out
A recent Chancery decision addressed many important issues related to a squeeze-out merger involving an LLC in which the minority member claimed that it did not receive a fair price for its minority...
View ArticleStatutory Dissolution Claims Subject to Arbitration
Over the nearly two decades that I have maintained this blog, I have written about a fair number of court decisions involving statutory dissolution. The recent Delaware Court of Chancery decision...
View ArticleChancery Court finds collection of bad faith factors enough to keep GoDaddy...
This article was prepared by Frank Reynolds, who has been following Delaware corporate law and writing about it in various publications for more than 35 years The Delaware Court of Chancery has...
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