On March 18, 2020, the Delaware Supreme Court issued an important opinion holding that federal forum selection provisions adopted by Delaware corporations requiring that stockholders file actions arising under the Securities Act of 1933 (“1933 Act”) in federal court—and not state court—are facially valid. In so doing, the Delaware Supreme Court reversed the Court of Chancery’s decision... Continue Reading

In an Order issued Saturday, March 21, 2020, the U.S. District Court for the District of Delaware announced that it would reopen the J. Caleb Boggs Courthouse and Federal Building on Monday, March 23, 2020, at 8:00 a.m. Per the Order, “[a] thorough deep-cleaning of the affected areas was performed this weekend.”.. Continue Reading

As COVID-19 continues to affect the legal community and the world in various ways, Delaware courts and state agencies have issued orders concerning COVID-19 measures. Here, we have consolidated key Delaware law resources on the unfolding situation. Our attorneys are committed to serving our clients through this challenging time... Continue Reading

As we collectively respond to the Coronavirus (COVID-19) outbreak in our country, many have turned their attention to completing estate planning documents. Because clients, especially seniors, are socially-isolated and unable to obtain witnesses and notarization of signatures, we have been fielding numerous questions about the legal requirements for validly executing Delaware trust agreements... Continue Reading

Effective immediately, the U.S. District Court for the District of Delaware is closing the J. Caleb Boggs U.S. Courthouse and Federal Building until further notice.  The Court was informed that an attorney who recently appeared before the Court has tested positive for the coronavirus and the closure is designed to protect the judges, their staff, and the public from further exposure. The... Continue Reading

COVID-19’s disruption to the economy has prompted a number of questions from Delaware corporations about their ability to preserve capital if they have already declared a cash dividend.  This memo, released jointly by the Delaware firms listed at the bottom, addresses some of the issues a board of a Delaware corporation might consider in such circumstances... Continue Reading

On March 16, 2020, the United States Bankruptcy Court for the District of Delaware implemented a General Order in response to the outbreak of COVID-19.  As part of our effort to help our clients and friends navigate this challenging time, the Morris Nichols Business Reorganization & Restructuring Group has summarized this important announcement from the Delaware Bankruptcy Court... Continue Reading

The U.S. District Court for the District of Delaware remains open during the coronavirus outbreak, but the Court issued a new Standing Order today continuing jury selections and jury trials scheduled to begin before April 30, 2020. Jury proceedings affected by the Order will be reset by further order of the assigned judge... Continue Reading

The U.S. District Court for the District of Delaware remains open during the coronavirus outbreak, but has implemented procedures to restrict access to the courthouse and protect Court personnel, attorneys, and litigants... Continue Reading

The State of Delaware’s unclaimed property program faces continued legal challenges from the holder community.  In December 2019 alone, four new holders filed complaints in the U.S. District Court for the District of Delaware raising a series of constitutional challenges to Delaware’s conduct of its unclaimed property audits.  These new complaints in many ways mirror the lawsuit filed... Continue Reading