Karen Jacobs, Megan E. Dellinger, Eleanor G. Tennyson, “Attorney-Client Privilege and Work Product Immunity,” Ch. 5, Patent Litigation (3rd Edition), Practising Law Institute (September 2018).. Continue Reading

Delaware recently passed amendments to the Delaware Limited Liability Company Act that enable a new type of series of an LLC known as a “registered series.” The changes address historical uncertainty among lenders seeking to perfect a security interest with respect to a secured lending transaction involving a series of a Delaware limited liability company as a borrower... Continue Reading

In its last session, the Delaware legislature passed a number of amendments to the Delaware General Corporation Law (the “DGCL”) and the Delaware “alternative entity” statutes—the Delaware Limited Liability Company Act (the “DLLCA”), the Delaware Revised Uniform Limited Partnership Act (the “DRULPA”), the Delaware Revised Uniform Partnership Act (the “DRUPA”) and the... Continue Reading

On August 10, 2018, the U.S. District Court for the District of Delaware officially welcomed the Honorable Colm F. Connolly and the Honorable Maryellen Noreika as United States District Court Judges. Both were sworn in to office this week... Continue Reading

We are pleased to announce that Maryellen Noreika and Colm Connolly were confirmed by the U.S. Senate on August 1 to serve as District Judges on the United States District Court for the District of Delaware. Ms. Noreika and Mr. Connolly were nominated by President Trump on December 20, 2017 and approved by the Senate Judiciary Committee on March 15, 2018. They will fill the vacancies created by... Continue Reading

Statutory appraisal remedies allow stockholders who believe they have received inadequate consideration in certain transactions, such as mergers or consolidations, to obtain a judicial determination of the fair value of their shares. Over the years, courts, litigants, and experts alike have grappled with how to make an appropriate fair value determination. To marshal the evidence necessary to most... Continue Reading

Over the last decade, corporate responsibility and sustainability has moved to the forefront. Large businesses have Chief Sustainability Officers and produce sustainability reports—indeed, more than 80% of the S&P 500 do so. Investors seek consistent sustainability information and propose resolutions on matters from gender equality to human rights to climate change, and these are... Continue Reading

On April 6, 2018, the Corporation Law Section of the Delaware State Bar Association approved amendments to the Delaware Limited Liability Company Act, 6 Del. C. §§ 18-101 et seq. (the “DLLCA”), the Delaware Revised Uniform Limited Partnership Act, 6 Del. C. §§ 17-101 et seq. (the “DRULPA”), and the Delaware Revised Uniform Partnership Act, 6 Del. C. §§ 15-101 et seq. (the... Continue Reading

David A. Harris, Louis G. Hering, “2018 Summary of Delaware Case Law Relating to Alternative Entities,” 2018 Annual Meeting of ABA, Section of Business Law (Feb. 20, 2018).. Continue Reading

On February 6, 2018, the District of Delaware announced new case assignment procedures in light of Senior Judge Sleet’s decision to retire from the bench this fall and the two judicial vacancies... Continue Reading