Insights Archive

Todd Flubacher recently co-authored an article on the importance of starting trust planning from the perspective of the rising generation.

Dan Butz co-authored an article discussing chapter 11 in the commercial real estate sector, and ways distressed companies can drive the corporate restructuring process.

Yesterday, the Senate confirmed Magistrate Judge Jennifer L. Hall to be the next United States District Judge for the District of Delaware by a 67-29 vote, one of the widest margins for any Biden judicial nominee.

Melissa DiVincenzo, Dave Harris, Matt Darby, and Emily LaSpina contributed an article to Bloomberg Law outlining several 2023 amendments to the Delaware General Corporation Law (DGCL) and the Delaware “alternative entity” statutes.

Trust Act 2023 includes amendments to Delaware’s “APT Act” and statutes concerning spendthrift, disposition of marital property, change of situs, place of administration, designated representatives, and PPLI premiums.

Morris Nichols attorneys Bill Lafferty, John DiTomo, and Matt Clark contributed nine guides on Delaware litigation to Practical Law Litigation. 

Morris Nichols attorneys Patricia Vella and Hallie Snyder Sacchetta contributed written summaries to this resource.

Magistrate Judge Jennifer L. Hall has been nominated to fill the vacancy on the U.S. District Court for the District of Delaware at the end of this year.

The Corporate Transparency Act (the “CTA”) was passed in Fiscal Year 2021. Starting January 1, 2024, reporting companies will have disclosure obligations. Members of the trust industry and their advisors will be monitoring developments closely for additional guidance regarding CTA application in unique circumstances.

Designed for the unclaimed property professional and companies involved in Delaware unclaimed property audits and voluntary disclosure agreements, Morris Nichols’ Unclaimed Property Companion contains essential reference documents on Delaware and national unclaimed property law.

On February 23, 2023, the Delaware Supreme Court issued a Standing Order designating the five Superior Court judges who serve on that court’s Complex Commercial Litigation Division as Vice Chancellors empowered to hear and resolve any case filed under Section 111, as selected by the Chancellor of the Court of Chancery and the President Judge of the Superior Court.

Tarik Haskins writes on trends relating to pledges of limited liability company or limited partnership ownership interests as collateral in connection with secured financings.

A look back at patent filings, trials, decisions on key issues, and notable developments in the US District Court for the District of Delaware in 2022.

Tarik Haskins contributed an article on the Court of Chancery’s recent opinion in Ainslie v. Cantor Fitzgerald, L.P. considering non-compete provisions set forth in a partnership agreement.

Judge Richard Andrews intends to take Senior Status at the end of December 2023.

Kate Betterly and retired partner Don Isken discuss three things commercial property owners should know about Delaware’s property tax reassessments.

In 2022, the Delaware legislature passed a number of amendments to the state’s “alternative entity” statutes—the Delaware Revised Uniform Partnership Act (DRUPA), the Delaware Revised Uniform Limited Partnership Act (DRULPA), the Delaware Limited Liability Company Act (DLLCA), and the Delaware Statutory Trust Act (DSTA).

Dan Matthews and Kyle Pinder discuss the 2022 amendments to the Delaware General Corporation Law (the “DGCL”) that were recently enacted.

While not binding on the Court, the recommendation, if accepted, would allow Delaware to Retain hundreads of millions of dollars in MoneyGram teller checks escheated to it as MoneyGram's state of incorporation.

In its 2022 session, the Delaware legislature passed a number of amendments to the Delaware General Corporation Law (DGGL) and the Delaware “alternative entity” statutes. The amendments to the DGCL became effective on Aug. 1, 2022.

Morris Nichols alternative entities partner Tarik Haskins discusses current issues with respect to the use of limited liability company interests and limited partnership interests as collateral.

Delaware Governor John C. Carney signed House Bill 406 (“Trust Act 2022”) into law.

The deadline for filing and service of documents in the U.S. District Court for the District of Delaware will move to 5:00 p.m. ET, effective September 1, 2022.

In 1999, the Delaware Legislature enacted 8 Del. C. § 111for the purpose of extending the Delaware Court of Chancery’s jurisdiction to disputes arising from the application, interpretation, enforcement, or validity of the certificate of incorporation and bylaws of a Delaware corporation.

The Delaware General Assembly recently enacted amendments to the DRUPA, DRULPA, DLLCA, and DSTA.

Gregory B. Williams to fill vacant seat opened by Judge Leonard P. Stark’s confirmation to the Federal Circuit.

RJ Scaggs, chair of Delaware’s Lawyers Assistance Committee, contributed an article on values and how they impact attorney wellness.

The attorney-client privilege is a long-recognized legal principal that, in general terms, serves to protect confidential communications between an attorney and his or her client from disclosure.

Chief Judge Connolly has issued new form scheduling orders for Hatch-Waxman and non-Hatch-Waxman patent litigation as well as four new standing orders.

The Delaware Supreme Court’s 2021 decision in Brookfield Asset Mgmt., Inc. v. Rosson helped clarify whether stockholders’ financial and voting rights, diluted through a transaction with a controlling stockholder, constituted direct or derivative claims.

Today, the District of Delaware addressed the Court’s caseload due to the elevation of Judge Stark to the Federal Circuit.

Four Morris Nichols colleagues contributed to the revised edition.

Tarik Haskins contributed the chapter on Delaware to a new Global Financial Collateral book published by the American Bar Association Business Law Section.

President Biden nominated Judge Leonard P. Stark to fill the vacancy on the US Court of Appeals for the Federal Circuit created by the departure of Judge Kathleen O’Malley, who will retire in March 2022.

Section 220 provides stockholders with a powerful tool for investigating corporate wrongdoing — one that Delaware courts have repeatedly implored stockholders to use before pursuing potential claims. Recent Chancery decisions suggest that defendants should not chalk up the fee-shifting decision to a one-off.

In its 2021 session, the Delaware legislature passed a number of amendments to the Delaware General Corporation Law (DGCL) and the Delaware “alternative entity” statutes—the Delaware Limited Liability Company Act (DLLCA), the Delaware Revised Uniform Limited Partnership Act (DRULPA), and the Delaware Revised Uniform Partnership Act (DRUPA). The amendments to the DGCL, the DLLCA, the DRULPA, and the DRUPA became effective on August 1, 2021.

On August 1, 2021, amendments to the Delaware Limited Liability Company Act (the “Act”) became effective that include a number of significant substantive changes. 

On June 30, 2021, Delaware Governor John C. Carney signed House Bill 164 (“Trust Act 2021”) into law.

When implementing a plan involving the transfer of assets to more than one trust with overlapping donors and beneficiaries, prospective donors and their advisers should be mindful of the possible application, and implications, of the so-called “reciprocal trust doctrine.”

The District of Delaware issued a Standing Order today, stating that the Court will enter Phase 3 of its Covid Re-Opening Guidelines on June 7, 2021.

Judge Connolly issued a Standing Order today revising his summary judgment procedures in patent cases. Effective immediately, a party filing multiple summary judgment motions must now number the motions based on the order in which it wants the Court to review them.

On April 7, 2021, the Corporation Law Section of the Delaware State Bar Association approved amendments to the Delaware Revised Uniform Partnership Act, 6 Del. C. §§ 15-101 et seq. (the “DRUPA”), the Delaware Revised Uniform Limited Partnership Act, 6 Del. C. §§ 17-101 et seq. (the “DRULPA”), and the Delaware Limited Liability Company Act, 6 Del. C. §§ 18-101 et seq. (the “DLLCA”).

In a pair of bills introduced late last week in the Delaware General Assembly, Delaware moved to shore up its unclaimed property program through proposed amendments to its unclaimed property law that would establish unclaimed property reporting requirements for virtual currency, and create a permanent expedited audit option with significantly reduced interest for holders.  Additionally, in apparent reaction to several recent court opinions criticizing the State’s use of contingent fee audit firms, and curtailing the State’s ability to compel the production of holder records, the proposed amendments would eliminate most third-party contingent fee arrangements, and expand the State’s authority to seek records – from the holder and various third-parties – wholly unrelated to the identification of abandoned property due and owing to the State.

In a prepackaged bankruptcy—colloquially known as a “prepack”—a distressed company negotiates and solicits support of a chapter 11 plan of reorganization before commencing its chapter 11 case. The company then files for bankruptcy court protection to implement the plan, knowing that it has the requisite creditor support for its reorganization.

In a notice issued today, the District of Delaware announced its decision not to extend its February 5, 2021 Standing Order suspending jury trials.

Morris Nichols partner David Harris authored the chapter on Delaware.

As many American businesses continue to function remotely, Delaware – like other states – has concluded that VDAs and unclaimed property audits initiated by Delaware can and should continue as well. Therefore, it is accelerating its scrutiny of Delaware formed companies.

Morris Nichols prepares an annual summary of recent Delaware cases that address significant alternative entity issues.

The District of Delaware issued a Standing Order, canceling all civil and criminal jury trials until on or after April 5, 2021, in light of the ongoing impact of the coronavirus pandemic.

In response to the increasing prevalence of data breaches in both the private sector and government, the District of Delaware issued a Standing Order providing guidance on new security procedures to protect “highly sensitive documents” (“HSD”) filed with the Court.