All Articles
Delaware Practice Benefits From A Powerful And Effective Judiciary
Editor: On January 18, 2011, the Delaware Court of Chancery became one of the first state courts to issue a guideline for the preservation of electronically stored information (ESI). Can you provide some background on this development? Bissell: The development of best practices for...
Read MoreBankruptcy: The Game-Changer For Directors And Officers Who May Face Claims By Shareholders Or Others
Directors of solvent Delaware corporations typically hope and expect to look to what has been referred to as the "three-legged stool" of protection against loss: (i) exculpation from liability for money damages caused by a breach of the fiduciary duty of care; (ii) advancement of defense expenses...
Read MoreRecasting The Gold Standard: Proposed Amendments To The DGCL
Within the past two years there has been considerable debate over the appropriate roles of stockholders and directors in Delaware corporations. To adapt and respond to the continually changing landscape of corporate law and practice, several amendments to the Delaware General Corporation Law ("...
Read MoreWhat's Your Opinion On Delaware Opinions?
In 2006 the TriBar Opinion Committee, a group including lawyers who frequently participate in the delivering and receiving of legal opinions (the "TriBar"), released its report entitled, " Third-Party Closing Opinions: Limited Liability Companies " (the "Report"), which appears in 61 Bus. Law....
Read MoreYoung Conaway Bankruptcy Law Update
This is a modified version of the original update of YCST Bankruptcy Updates , edited on a rotating basis by members of the Wilmington, Delaware firm's Bankruptcy and Corporate Restructuring Section. The following cases have relevance to in-house counsel dealing with related bankruptcy matters...
Read MoreReplenishing The Pipeline: Preparing The Next Generation Of Lawyers By Reaching Out To And Mentoring High School Students With An Interest In The Law
If you are resolutely determined to make a lawyer of yourself, the thing is more than half done already . - Abraham Lincoln, November 5, 1855 The sage advice offered by then private practitioner Abraham Lincoln to an aspiring lawyer back in 1855 still very much so rings true for young, aspiring...
Read MoreWho Holds The Assets In A Delaware Series LLC?
According to records of the Delaware Secretary of State, more than 96,000 Delaware limited liability companies ("Delaware LLCs") were formed in 2006. Delaware LLCs are increasingly the entity of choice for operating companies, and figure prominently in a great many structured finance transactions...
Read More