The U.S. District Court for the District of Delaware modified its COVID-19 standing order today. Although the Court remains open, all jury trials scheduled to begin before May 31, 2020, are continued under the revised order. Jury proceedings affected by the order will be reset by further order of the assigned judge... 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

In light of the health risks posed by COVID-19, on April 6, 2020, Delaware Governor John C. Carney issued a modification of Delaware’s state of emergency first declared on March 12, 2020, to provide some flexibility to Delaware public corporations that have already sent notice of meetings to be held at a physical location... Continue Reading

On February 20, 2020, Delaware’s VDA Administrator mailed invitations to enter into the State’s Abandoned and Unclaimed Property Voluntary Disclosure Agreement Program (“VDA Program”) to more than 100 companies identified as likely being out of compliance with Delaware’s Unclaimed Property Laws. By statute, an invitee has 60 days from the invitation’s mailing to enroll in the VDA... Continue Reading

“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

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 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