McCarter’s Delaware Corporate, LLC & Partnership Law team is counsel to many Delaware publicly traded and privately held corporations and alternative entities. We are experienced in all aspects of Delaware law, including representing our clients in a variety of business transactions and Delaware opinion work. We also represent public and private Delaware corporations, LLCs, LPs, and GPs in corporate, commercial, shareholder, and other litigation in the Delaware Court of Chancery.
Our group regularly counsels Delaware entities, as well as their officers, directors, boards and stockholders, on issues including:
Delaware Corporations, LLCs, LPs, and GPs
Our group regularly advises on issues concerning formation, governance, operation, merger, acquisition, conversion, division, fiduciary duties, contract interpretation, restructuring, and dissolution and winding up of Delaware corporations, LLCs and partnerships.
Mergers & Acquisitions, Financings, and Other Business Transactions
Our attorneys represent numerous public and private enterprises, financial institutions, and private equity and investment funds and their portfolio companies in connection with all phases of mergers and acquisitions, from initial structuring through closing.
We advise corporations, officers, directors, board committees and stockholders on their fiduciary duties in connection with transactions and other matters under Delaware law.
We provide legal opinions with respect to certain matters of Delaware law in connection with transactions involving Delaware corporations, LLCs, Statutory Trusts and partnerships.
Our group regularly handles litigation matters involving Delaware entities, in the Delaware Court of Chancery as well as other Delaware courts, on issues including:
- Breach of fiduciary duty claims
- Disputes regarding corporate and alternative entities, including their governing documents or management disputes
- Section 220 proceedings for corporate documents
- Representation of special committees
We represent clients in the rapidly evolving sector of unclaimed property (escheat). Our team has deep knowledge and experience counseling clients with regard to unclaimed property/escheat obligations and representing corporate clients in audits, voluntary disclosure agreements (VDAs), and, when necessary, state and federal court litigation disputes with state authorities. Our recent successes include a major appellate victory on behalf of a large retailer in the Delaware Supreme Court in a unique case involving Delaware escheat law and the Delaware False Claims Act. The Supreme Court, sitting en banc, unanimously reversed and nullified a multi-million dollar false claim judgment entered against our client without remand.