Delaware Supreme Court Holds Federal Forum Selection Provisions for Claims Arising Under the Securities Act of 1933 Are Facially Valid

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

Execution of Delaware Trust Agreements Amid Coronavirus Response

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

District of Delaware Closes Courthouse Until Further Notice

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

Delaware Bankruptcy Court Implements Procedure in Response to the Outbreak of COVID-19

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

District of Delaware Continues All Jury Trials Scheduled to Begin Before April 30 and Issues Additional Guidance Regarding Other Proceedings

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

New Unclaimed Property Litigation Filed Against the State of Delaware Does Not Delay Another Round of VDA Invitations

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

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

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