Fifteen years ago Delaware enacted its decanting statute with the addition of Section 3528 to Title 12 of the Delaware Code. Decanting became part of a growing list of innovative laws that propelled Delaware into the leading jurisdiction that it is for the creation and administration of trusts. Decanting may seem simple, but its execution can be complicated. This article will identify some of the... 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

For many years Delaware corporate law was mainly public company law. But now there is a critical mass of case law relevant to private and venture-backed companies, with 2017 adding to that law perhaps more than any prior year... Continue Reading

Morris Nichols partner RJ Scaggs is coauthor of the Bloomberg BNA Corporate Practice Series Portfolio, Derivative Lawsuits.  The recently revised treatise, updated on a roughly biennial basis, explores all facets of derivative litigation.  The portfolio begins by distinguishing between direct and derivative claims and goes on to discuss some common requirements for derivative complaints.  The... Continue Reading

Morris Nichols attorneys A. Gilchrist Sparks III and Daniel D. Matthews co-authored a book chapter on “Delaware’s Continued Resilience, The Next Hundred Years.” The piece is the closing chapter in a treatise on legal developments in Delaware and the First State’s contributions to U.S. corporate law... Continue Reading

On December 20, 2017, the President nominated Maryellen Noreika and Colm F. Connolly to serve as judges on the United States District Court for the District of Delaware. When confirmed, they will fill the vacancies created by Judge Robinson’s retirement and Judge Sleet taking senior status... Continue Reading

Litigation in Delaware in 2017 has somewhat turned on its head the long-held expectation that “every public deal draws a lawsuit” but “private company stockholders rarely sue.” Early indications that public company deal litigation would decrease in Delaware courts have proven to be accurate through 2017. Yet the Delaware Court of Chancery has been busier than ever — so much that Chief... Continue Reading