Unclaimed Property: A Delicate Balance for Delaware — Enforcing the Law in the Face of Ongoing Legal Challenges and Economic Uncertainty

Unclaimed property is an arcane concept, a modern outgrowth of ancient legal principles. These principles, as recognized in a series of U.S. Supreme Court opinions, provide the State the right to take custody of abandoned property – uncashed checks, unclaimed bank accounts, stock certificates and much more – in the possession of a person or company (i.e., “holders”), which has not been... Continue Reading

Designated Representatives: Sending Trusted Individuals to the Front Lines

One of the many significant developments in the field of trust lawover the past decade has been the increasing popularity of socalled “silent trusts”. The term “silent trust” generally describes an arrangement in which a trustee is prohibited under the terms of a governing instrument from providing information to the trust’s beneficiaries, or where the trustee is relieved from its common... Continue Reading

Delaware Estate Tax Q&A, Delaware Durable Power of Attorney & Delaware Advance Health-Care Directive

Morris Nichols attorneys Todd Flubacher and J. Zachary Haupt authored three guides on Delaware law for Practical Law. Their Delaware Estate Tax Q&A guide addresses whether a jurisdiction has any estate tax or other similar taxes imposed at death and, for jurisdictions currently imposing a state estate tax... Continue Reading

Delaware Bankruptcy Judge Holds That Increased Chapter 11 U.S. Trustee Fees Pass Constitutional Muster

“It costs a lot of money to go broke. In the case of a chapter 11 bankruptcy, the cost includes quarterly fees payable to the Office of the United States Trustee (the “UST”), a component of the Department of Justice that oversees bankruptcy cases. The UST’s oversight program is funded by chapter 11 debtors pursuant to 28 U.S.C. § 1930(a)(6), which requires each debtor to pay quarterly... Continue Reading

The Delaware Brand: An Introduction

“The dominance of Delaware in entity formations, especially corporations, is well known. But why is this the case, what goes into making – and keeping – the “Delaware Brand?” Delaware is a small state, we have less than one million people and are the second smallest geographically, yet we are the home of more than 60% of the Fortune 500. We are the clear jurisdiction of choice for the... Continue Reading

Limited Liability Companies: Legal Aspects of Organization, Operation, and Dissolution

Morris Nichols partners Lou Hering, David Harris, and Jason Russell are coauthors of the Bloomberg BNA Corporate Practices Series Portfolio, Limited Liability Companies: Legal Aspects of Organization, Operation, and Dissolution. Morris Nichols attorneys Sean Sullivan and Melanie Young are also acknowledged for their significant contributions... Continue Reading

The Equitable Powers of the Bankruptcy Court

Morris Nichols attorney Emily Bryant-Álvarez co-authored a paper with Judge Michelle Harner on the equitable powers of the bankruptcy court. The piece debuted in Fall 2019 at the Annual National Conference of Bankruptcy Judges as part of the program, “Equitable Powers of the Bankruptcy Court 40 Years After the Enactment of the Bankruptcy Code.”.. Continue Reading

Delaware's Leading
Legal Practice Publications

Electronic versions of Morris Nichols’ companion booklets are available for free download.