Our Delaware Corporate, LLC and Partnership Law attorneys closely follow the opinions coming from Delaware’s Supreme Court and Court of Chancery. Our 2023 Year in Review is a collection of brief summaries of selected cases concerning Delaware Corporate, LLC and Partnership Law. Our summaries are intended to provide information that may be helpful in strategic and business decisions concerning litigation and commercial arrangements.
4.28.2023
Delaware Supreme Court Reverses Court of Chancery Decision Finding General Partner’s Reliance on Opinions of Counsel Was Not in Good Faith —Boardwalk Pipeline Partners, LP v. Bandera Master Fund LP
Philip D. Amoa and John Basenfelder
4.28.2023
The Court of Chancery Finds That Non-Director Officers Have Oversight Duties Akin to Those of Directors —McDonald’s Corp. Stockholder Derivative Litigation
Daniel M. Silver and Johanna Peuscher-Funk
5.3.2023
Corporate Directors and Their Designating Stockholders Are Reaffirmed as Joint Clients of the Company When It Comes to Discovery of Privileged Information Generated during the Directors’ Tenure — Hyde Park Venture Partners Fund III, L.P. v. FairXchange, LLC
Philip D. Amoa and Sarah E. Delia
5.11.2023
Always Hope For The Best, But Plan For The Worst—Claim For Judicial Dissolution of a Deadlocked Joint Venture LLC Survives Pleadings-Stage Challenge — Dissolution of T&S Hardwoods KD, LLC
Travis J. Ferguson and Philip D. Amoa
5.23.2023
The Delaware Supreme Court Limits the Scope of Release Provisions in Representative Litigation Settlements — Griffith v. Stein, et al.
5.23.2023
Business Judgment Protection May Not Be Available to Boards That Adopt Defensive Measures in Wake of Stockholder Activism — Edgio, Inc. Stockholders Litigation, C.A. and Unocal Corp. v. Mesa Petroleum Co.
5.25.2023
Delaware Court of Chancery Addresses Issue of First Impression Regarding Timeliness of “Red Flag” Claims — Lebanon County Employees Retirement Fund v. Coll
Benjamin A. Smyth and Stephanie H. Dallaire
5.30.2023
Delaware Court of Chancery Decides What May Constitute Active Manager Status for Individuals Without Formal Roles in an LLC — P3 Health Group Holdings, LLC
Benjamin A. Smyth and Chelsea A. Botsch
5.30.2023
Court of Chancery Holds Canceled Entities Cannot Be Represented by Counsel Without a Receiver — Reinz Wisconsin Gasket, LLC
6.26.2023
The Court of Chancery Once Again Confirms Delaware’s Deference to the Business Judgment of Corporate Boards — City of Coral Springs Police Officers’ Pension Plan v. Jack Dorsey et al.
Daniel M. Silver and Johanna Peuscher-Funk
6.26.2023
7.12.2023
Delaware Court of Chancery Refuses to Save Investor from Itself — Braga Investment & Advisory, LLC v. Musa Yenni, et al.
8.1.2023
2023 Amendments to the DGCL and Delaware’s Alternative Entity Statutes
Philip D. Amoa, John Basenfelder and Kendeil A. Dorvilier
8.2.2023
McCarter Secures Alleged Breach of Contract Victory in the Delaware Court of Chancery — FANchise League Company, LLC
12.6.2023
What Does My Signature Page Attach to? An Important Lesson in Contracting — Braga Investment & Advisory v. Musa Yenni
Philip D. Amoa and Matthew J. Rifino
If you have any questions about these topics, please contact a member of the Delaware Corporate, LLC and Partnership Law Group or your lawyer at McCarter & English, LLP