The Future of Using Artificial Intelligence in Delaware Corporate Governance
By: Kamia McDaniels Introduction Delaware corporate boards of directors may fear or be enlightened by the idea of being replaced […]
SEC “Kraken” Down on the Future of Cryptocurrency Regulations
By: Tahmina Chowdhury Cryptocurrency Decrypted: The link between Blockchains and Staking Public doubt within financial institutions and government interference paved […]
Gonzalez v. Google: Supreme Court to Decide Whether Platforms Can Be Liable for Recommending Harmful Content
By Ashley Curran Largely considered the “backbone of all social networks,” algorithms “exist to sort the massive volume of content […]
Interested in a Career in Commercial Law? Don’t Overlook the Growing Field of ADR
By Marisa Mullins When law students think of rapidly growing subsections or dynamic specialties of the law, Alternative Dispute Resolution […]
Delaware Court of Chancery Reaffirms the Stringency of the Garner Exception in Employees’ Retirement System of Rhode Island v. Facebook Inc.
By Asher Lovitz As if the attorney-client privilege was not already a near absolute, in […]
Is the Gig Up?: Potential Impact of the Proposed Rule Revising Employee or Independent Contractor Classification Under the Fair Labor Standards Act on Gig-Economy Companies
By Heather Fithian Romansky I. Introduction On October 11, 2022, the Wage and Hour Division […]
Personal Jurisdiction and Lessons Learned: Warning Given Regarding Chancery Court Decision on Principal Liability for Portfolio Companies in, In re P3 Health Groups Holdings, LLC.
By Colin Patrick Dean Introduction[1] The Delaware Court of Chancery held that the principal of a private equity firm […]
Delaware Supreme Court Reversal of $700M Chancery Verdict Reinforces Importance of Exculpatory Disclaimers
By Nina Monzack In a recent decision that overturned a nearly $700 million Chancery verdict […]
Up in the Cloud: Jurisdictional Concerns Over Digital Storage
By: Katherine R. Welch You probably know where you have placed your laptop, where your […]
ChatGPT and the Law
By: Keith Barlett [1] What is ChatGPT? ChatGPT is an artificial intelligence (“AI”) chat bot […]
Self-Driving or Self-Crashing? – Tesla’s Autopilot and Full Self-Driving Features Raise Safety Concerns
By Allison M. Clay Tesla recently appeared in the news, yet again, after a 2021 […]
The Price of Privacy: A Record $725 Million Settlement from Meta
By: Giulia Lima [1] It is common for many daily users of social media platforms, […]
The Trendy Polluter: How “Fast Fashion” Yields Significant Problems & Potential Solutions To Slow Down its Negative Effects
By Jennifer Pagano “Since 2000, clothing production has approximately doubled globally.”[1] “Every year, people in the United States throw out […]
Court of Chancery Expands MFW to Conflicted Controller Executive Compensation Awards
By Andrew J. Czerkawski I. Background and Posture In the summer of 2018, after the […]
SAMPLE SNITCHING: TIKTOK’S INEVITABLE INFLUENCE ON COPYRIGHT LITIGATION
By Nicole Fitzpatrick From Taylor swift to Bruno Mars to Frank Ocean, the music industry’s biggest heavy-hitters all have […]
From Wall Street to North King Street: How the Great Recession Impacted Delaware Corporate Law
By Nicholas G. Borelli MARCH 16, 2023 Fifteen years ago today, Bear Stearns—a global investment bank—taught the world that […]
Holding Board Members Personally Liable for Their Actions Within a Company: In re Boeing Company Derivative Litigation
By Stephanie White To Hold Liable or Not There is often much debate on whether […]
Where’s the Good Faith? Caremark Claims Today
By Jacob Goldstein What is a Caremark claim? Originating from In re Caremark in 1996, […]
Proposal From The U.S. Federal Trade Commission Poses a Threat to The Autonomy of Delaware Corporations
By Jazmine King 1. Noncompete Agreements & Their Effect on the U.S. Labor Markets It […]
TOTAL SHAREHOLDER SMACKDOWN: Vince McMahon’s Alleged Breach of Fiduciary Duties
By Alyssa Atkisson Abstract. WWE founder Vince McMahon is alleged to have breached his fiduciary duties as controlling shareholder in […]
Fee Shifting Under the Corporate Benefit Doctrine
By: Charmi Patel Generally, Delaware follows the “American Rule”, whereby each party is expected to […]
IN RE MCDONALD’S CORP. S’HOLDER DERIV. LITIG.: Corporate Officer Fiduciary Duty of Oversight[1]
Summary Authored by Shira R. Freiman C.A. No. 2021-0324-JTL Court of Chancery of the State of Delaware January 26, 2023 […]
Lawrence A. Cunningham, Esq. Delivers 37th Annual Francis G. Pileggi Distinguished Lecture in Corporate Law[1]
By Evan Brown, Delaware Journal of Corporate Law Volume 48 Web Editor Introduction On February 10, […]
Game Over? – Microsoft’s Attempted Acquisition of Activision-Blizzard Gets Rekt by the FTC
By Dan Mackrides[1] 1. Tutorial Island: A Broad Overview of the Gaming Industry. Gaming is […]
Merger Litigation Trends: Corwin Doctrine and Controllers
By Nkemakunam Obata The Corwin doctrine applies when a fully informed, non-coerce, majority of disinterested […]
Southwest Airlines Faces Shareholder Lawsuit Following an Operational Meltdown
By Matthew Goldsmith [1] 1. Southwest Airlines’ Operational System Leaves Customers Stranded Over Christmas. Southwest […]
How Critical is a Critical Vendor? The Delaware Answer
By Marie Dickson One of the basic tenets of chapter 11 bankruptcy law is that […]
Why Is Everyone Hating Ticketmaster?
By Evan Brown Background For those of you who do not know what has been happening with the live music […]
Elon Musk’s Net Worth—Following the Twitter Purchase
By Megan Hartshorn [1] Musk is worth an estimated $153 billion,[2] following the purchase of […]
THE IMPORTANCE OF MAINTAINING THE PARTNERSHIP BETWEEN THE FIRST STATE’S COURT OF CHANCERY AND CCLD
By: Austin R. Niggebrugge Originally published in March 2022, but then edited and republished for clarity. […]
Whose Coin Is It Anyway?: FTX, Voyager, and the Challenges of Bankruptcy in a Digital World.
by James English[1] For a printable pdf version, click here. Introduction On November 11, 2022, […]
Twitter v. Musk: Will the Court of Chancery Break New Ground in Delaware Corporate Law?
By: Margaret K. Ryder, Evan Brown, Demetrius Davis, Austin R. Niggebrugge, and Katherine R. WelchAdditional Research: Megan Hartshorn […]
Professor J.S. Nelson Delivers 36th Annual Francis G. Pileggi Distinguished Lecture in Corporate Law
By : Clifford R. Wood, Jr., Delaware Journal of Corporate Law Volume 47 Web Editor & Evan Brown, Delaware Journal […]
Business Judgment Rule Saves Vaxart, Inc. in the Wake of the COVID-19 Pandemic
By: Kaitlyn Sibley On December 1, 2021, the Delaware Court of Chancery dismissed the majority of claims against the small […]
Commodity or Currency: Interpreting U.S. Bankruptcy Courts and Code Approach to Cryptocurrency Classification
By: Christopher Donnelly Cryptocurrency is “any form of currency that only exists digitally, that usually has no central issuing or regulating […]
On Whether Kellogg’s Could Have Permanently Replaced Participants in the 2021 Strike
By Julian Benson-Reid In late 2021, workers for Kellogg’s went on strike in several plants.[1] One of the newsworthy headlines that […]
Acquisitions During COVID-19: The Natural Immunity of the Ordinary Course Covenant
By: Lauren Hartnett Along with health and safety concerns, the COVID-19 pandemic brought with it a lot of uncertainty nationwide. […]
Transformative Use After Google v. Oracle
By: Terisa Shoremount In 2021, the United States Supreme Court held that Google’s copying of JAVA SE’s declaring code was […]
Part 1: Shifting the Securities Regulation Paradigm from Reactive to Proactive Regulation.
By: James English A current shift in technology is presenting an opportunity for a drastic improvement in securities regulation. Instead […]
Boy Scouts of America Chapter 11 Bankruptcy in the U.S. Bankruptcy Court in Delaware
By Derek Brandt The Boy Scouts of America (“BSA”) is a non-profit organization[1] that provides youth character and leadership development.[2] […]
Waiver of Appraisal Rights as Held in Manti Holdings, LLC V. Authentix Acquisition Co., Inc.
By: Alexa DeAnnuntis In Manti Holdings, LLC v. Authentix Acquisition Co., Inc., the Delaware Supreme Court affirmed the use of […]
Who’s to Blame? A Predictive Analysis of Live Nation’s Legal Liability Following the Astroworld Tragedy
By Shira Freiman[*] NRG Park in Houston, Texas served as a space where unthinkable tragedy unfolded on Friday, November 5th, […]
Delaware Rejects Corporations’ Pleas For Attorney’s Fees And Enforces American Rule On Fee-Shifting
By: Shelby Bingaman In December 2021, the Delaware Supreme Court affirmed the 2020 decision of Vice Chancellor Glasscock, denying private […]
Delaware Chancery Rule 23.1: When Demand On A Board Is Excused In A Stockholder Derivative Action
By: Julie Jopp Recently, the Delaware Court of Chancery clarified the requirement under Chancery Rule 23.1 in a decision issued […]
Boeing Shareholder Settlement Following 737 Max Crashes
By: Julia Baranov Earlier in 2021, Boeing’s shareholders filed a lawsuit against the board of directors following […]
Cryptocurrencies in the Courts of Delaware
By: Charles Park The popularity of cryptocurrencies in the last decade have been well-noted in the media, most notably due […]
Where Environmental Law and International Law Collide
By: Marie Dickson Generally, international law typically overrides state law. “[T]he modern view is that customary international law in the […]
Informational Vacuums & Revlon–How GE Escaped Liability
By: Alex DiRienzo In 2016, the GE and Baker Hughes merger (“BHGE”) changed how oil and gas activities are completed […]
You’re Just Too Toxic: Analyzing DuPont’s PER- and Polyfluoroalkyl Substances (PFAS) 2021 Settlement
By: Melissa Rheinstadter After the years of litigation following the DuPont – Chemours spin-off, “PFAS” and “PFOA” gained significant attention […]
Liability v. Liberty: Corporations and Covid Vaccine Mandates
By: Dan Mackrides The COVID-19 pandemic places American Corporations in an unenviable position. Labor shortages[1], supply chain issues[2], and inflation[3] […]