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Category: djcl

Marie Blog Post

How Critical is a Critical Vendor? The Delaware Answer

February 6, 2023February 6, 2023 Widener Admin

By Marie Dickson           One of the basic tenets of chapter 11 bankruptcy law is that […]

Blog, djcl
Evan Blog

Why Is Everyone Hating Ticketmaster?

February 2, 2023February 2, 2023 Widener Admin

By Evan Brown Background For those of you who do not know what has been happening with the live music […]

Blog, djcl
Megan Blog

Elon Musk’s Net Worth—Following the Twitter Purchase

January 31, 2023January 31, 2023 Widener Admin

By Megan Hartshorn  [1]           Musk is worth an estimated $153 billion,[2] following the purchase of […]

Blog, djcl
Austin Niggebrugge Blog

THE IMPORTANCE OF MAINTAINING THE PARTNERSHIP BETWEEN THE FIRST STATE’S COURT OF CHANCERY AND CCLD

January 6, 2023January 6, 2023 Widener Admin

By: Austin R. Niggebrugge Originally published in March 2022, but then edited and republished for clarity.         […]

Blog, djcl
English Blog Post

Whose Coin Is It Anyway?: FTX, Voyager, and the Challenges of Bankruptcy in a Digital World.

December 5, 2022January 31, 2023 Widener Admin

by James English[1] For a printable pdf version, click here. Introduction           On November 11, 2022, […]

Blog, djcl
Twitter Blog Post

Twitter v. Musk: Will the Court of Chancery Break New Ground in Delaware Corporate Law?

August 8, 2022August 9, 2022 Widener Admin

By: Margaret K. Ryder, Evan Brown, Demetrius Davis, Austin R. Niggebrugge, and Katherine R. WelchAdditional Research: Megan Hartshorn      […]

Blog, djcl
36th Pileggi

Professor J.S. Nelson Delivers 36th Annual Francis G. Pileggi Distinguished Lecture in Corporate Law

April 28, 2022April 29, 2022 Widener Admin

By : Clifford R. Wood, Jr., Delaware Journal of Corporate Law Volume 47 Web Editor & Evan Brown, Delaware Journal […]

Blog, djcl

Business Judgment Rule Saves Vaxart, Inc. in the Wake of the COVID-19 Pandemic

April 14, 2022April 14, 2022 Widener Admin

By: Kaitlyn Sibley On December 1, 2021, the Delaware Court of Chancery dismissed the majority of claims against the small […]

Blog, djcl

Commodity or Currency: Interpreting U.S. Bankruptcy Courts and Code Approach to Cryptocurrency Classification

April 1, 2022March 29, 2022 Widener Admin

By: Christopher Donnelly Cryptocurrency is “any form of currency that only exists digitally, that usually has no central issuing or regulating […]

Blog, djcl

On Whether Kellogg’s Could Have Permanently Replaced Participants in the 2021 Strike

March 30, 2022March 29, 2022 Widener Admin

By Julian Benson-Reid In late 2021, workers for Kellogg’s went on strike in several plants.[1] One of the newsworthy headlines that […]

Blog, djcl

Acquisitions During COVID-19: The Natural Immunity of the Ordinary Course Covenant

March 29, 2022March 29, 2022 Widener Admin

By: Lauren Hartnett Along with health and safety concerns, the COVID-19 pandemic brought with it a lot of uncertainty nationwide. […]

Blog, djcl

Transformative Use After Google v. Oracle

March 25, 2022March 26, 2022 Widener Admin

By: Terisa Shoremount In 2021, the United States Supreme Court held that Google’s copying of JAVA SE’s declaring code was […]

Blog, djcl

Part 1: Shifting the Securities Regulation Paradigm from Reactive to Proactive Regulation.

March 23, 2022March 21, 2022 Widener Admin

By: James English A current shift in technology is presenting an opportunity for a drastic improvement in securities regulation. Instead […]

Blog, djcl

Boy Scouts of America Chapter 11 Bankruptcy in the U.S. Bankruptcy Court in Delaware

March 21, 2022March 21, 2022 Widener Admin

By Derek Brandt The Boy Scouts of America (“BSA”) is a non-profit organization[1] that provides youth character and leadership development.[2] […]

Blog, djcl

Waiver of Appraisal Rights as Held in Manti Holdings, LLC V. Authentix Acquisition Co., Inc.

March 18, 2022March 14, 2022 Widener Admin

By: Alexa DeAnnuntis In Manti Holdings, LLC v. Authentix Acquisition Co., Inc., the Delaware Supreme Court affirmed the use of […]

Blog, djcl

Who’s to Blame? A Predictive Analysis of Live Nation’s Legal Liability Following the Astroworld Tragedy

March 14, 2022March 14, 2022 Widener Admin

By Shira Freiman[*] NRG Park in Houston, Texas served as a space where unthinkable tragedy unfolded on Friday, November 5th, […]

Blog, djcl

Delaware Rejects Corporations’ Pleas For Attorney’s Fees And Enforces American Rule On Fee-Shifting

March 11, 2022March 11, 2022 Widener Admin

By: Shelby Bingaman In December 2021, the Delaware Supreme Court affirmed the 2020 decision of Vice Chancellor Glasscock, denying private […]

Blog, djcl

Delaware Chancery Rule 23.1: When Demand On A Board Is Excused In A Stockholder Derivative Action

March 10, 2022March 11, 2022 Widener Admin

By: Julie Jopp Recently, the Delaware Court of Chancery clarified the requirement under Chancery Rule 23.1 in a decision issued […]

Blog, djcl

Boeing Shareholder Settlement Following 737 Max Crashes

March 9, 2022March 9, 2022 Widener Admin

By: Julia Baranov        Earlier in 2021, Boeing’s shareholders filed a lawsuit against the board of directors following […]

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Cryptocurrencies in the Courts of Delaware

February 26, 2022February 22, 2022 Widener Admin

By: Charles Park The popularity of cryptocurrencies in the last decade have been well-noted in the media, most notably due […]

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Where Environmental Law and International Law Collide

February 24, 2022February 18, 2022 Widener Admin

By: Marie Dickson Generally, international law typically overrides state law.  “[T]he modern view is that customary international law in the […]

Blog, djcl

Informational Vacuums & Revlon–How GE Escaped Liability

February 21, 2022February 18, 2022 Widener Admin

By: Alex DiRienzo In 2016, the GE and Baker Hughes merger (“BHGE”) changed how oil and gas activities are completed […]

Blog, djcl

You’re Just Too Toxic: Analyzing DuPont’s PER- and Polyfluoroalkyl Substances (PFAS) 2021 Settlement

February 14, 2022February 9, 2022 Widener Admin

By: Melissa Rheinstadter After the years of litigation following the DuPont – Chemours spin-off, “PFAS” and “PFOA” gained significant attention […]

Blog, djcl Delaware River and Bay, DuPont, DuPont – Chemours spin-off, DuPont Litigation, DuPont Settlement, PFAS Litigation, Polyfluoroalkyl

Liability v. Liberty: Corporations and Covid Vaccine Mandates

February 11, 2022February 9, 2022 Widener Admin

By: Dan Mackrides The COVID-19 pandemic places American Corporations in an unenviable position.  Labor shortages[1], supply chain issues[2], and inflation[3] […]

Blog, djcl Corporate vaccine mandates, Covid Liability, Covid vaccine liability, covid vaccine mandates, Delaware Journal of Corporate Law

Corporate Spin-Off: What is it and How Johnson & Johnson is Handling Their Version of a Spin-Off

February 9, 2022February 10, 2022 Widener Admin

By: Evan Brown Introduction Corporate spin-offs allow a parent company to break off into two separate structures, known as a […]

Blog, djcl chapter 11, Divisive Merger, Johnson & Johnson, Johnson & Johnson Bankruptcy, LTL Management LLC, spin-offs, Talc Spin-Off, Texas Two-Step

Pioneering Microtransaction Regulations in the State Regulatory Scheme: Keeping the First State First

October 11, 2021October 13, 2021 Clifford Wood

By: Dante S. Pavan, Editor-in-Chief, Vol. 47 Since Murphy v. NCAA held prohibitions to state authorization and licensing of sports […]

djcl

Reinforcing Board-Level Obligations Under Caremark

November 11, 2020October 11, 2021 Charles Hoyt

By: Alberto M. Longo Regarded as “possibly the most difficult theory in corporation law upon which a plaintiff might hope […]

djcl

The Continued Emergence of the Sustainability Movement in Corporate Governance: Will the 2020’s Spell the End of Shareholder Primacy?

April 13, 2020September 11, 2020 sitemin

By:  Richard R. Caputo, Jr., DJCL staff member at Widener University Delaware Law School. Tracing its origins back to the […]

djcl

Elon Musk Will Potentially Face Trial Alone in Delaware as Tesla Directors Settle

March 23, 2020March 23, 2020 sitemin

By:  Devan A. McCarrie, DJCL staff member at Widener University Delaware Law School. Elon Musk (“Musk”) is no stranger to […]

djcl

The Economic Costs of COVID-19

March 12, 2020March 3, 2021 sitemin

By:  Shelby M. Thornton, DJCL staff member at Widener University Delaware Law School. As the new year begins, the latest […]

djcl

Compelling a Corporate Employee Designated as a 30(b)(6) Witness to Testify at Trial Despite the Absence of Personal Knowledge

February 22, 2020November 10, 2021 sitemin

By:  Dylan R. Mathewson, DJCL staff member at Widener University Delaware Law School. The state of Delaware has been and […]

djcl

Clarifying the Duty Under 8 Del. C. § 220, Relating to the Production of Electronically Stored Information

February 22, 2020February 22, 2020 sitemin

By:  Jillian A. (Boberick) Tyson, DJCL Bluebook Editor and Schmutz Fellow at Widener University Delaware Law School. A decision issued […]

djcl
Shareholders Demand Climate Disclosures In 2020

Shareholders Demand Climate Disclosures In 2020

February 2, 2020February 22, 2020 sitemin

By:  Maria Kotsiras, DJCL Staff Member at Widener University Delaware Law School. A new year initiates a period of annual […]

djcl
DJCL

Two Delaware Law Professors Deliver 35th Annual Francis G. Pileggi Distinguished Lecture In Corporate Law

January 21, 2020January 21, 2020 sitemin

The Delaware Journal of Corporate Law of Widener University Delaware Law School proudly sponsored the 35th Annual Francis G. Pileggi […]

djcl
trademark symbol

“BOOKING” Your Mark: The Potential Future of Trademark Law under United States Patent and Trademark Office v. Booking.com

January 11, 2020January 11, 2020 sitemin

By:  Colin A. Keith, DJCL Articles Editor at Widener University Delaware Law School. The field of intellectual property law is […]

djcl
Bankruptcy

Changing the Bankruptcy Venue Statutes Would Undermine the Effectiveness of the U.S. Corporate Bankruptcy System

January 5, 2020January 11, 2020 sitemin

By:  Ryan M. Messina, CPA; DJCL External Managing Editor at Widener University Delaware Law School. As the 2020 Democratic Party […]

djcl

The Importance of Operating Agreements in Significant Transactions

October 17, 2019January 11, 2020 sitemin

By:  Allison M. Neff, Editor-in-Chief of the Delaware Journal of Corporate Law. In the wake of the Delaware Supreme Court […]

djcl

The Burdensome Effect of California’s Consumer Privacy Act of 2018 on Businesses

September 27, 2019January 11, 2020 sitemin

By:  T. Paul Markovits, DJCL Web Editor at Widener University Delaware Law School If you counsel businesses regarding their liability […]

djcl
merger picture

Anthem-Cigna Failed Merger, Shareholder Suit on the Way

June 5, 2019January 11, 2020 sitemin

By:  Colin A. Keith,  DJCL Articles Editor at Widener University Delaware Law School In the story of two health insurance giants, […]

djcl

Delaware’s Voluntary Certification of Sustainability Law

April 9, 2019January 11, 2020 sitemin

By: Ashley Farrell On June 27, 2018, the Delaware Sustainability and Transparency Standards Act (the “Act”) was signed by Governor […]

djcl

Will the Loss of the Electric Vehicle Tax Credit Lead to the Demise of Tesla?

February 21, 2019January 11, 2020 sitemin

Ryan M. Messina In 2010 the Obama administration implemented Internal Revenue Code Section 30D, a federal tax credit of up […]

djcl

Discovery Facilitators

December 4, 2018January 11, 2020 sitemin

Alexandria J. Crouthamel Recently, the Delaware Court of Chancery decided to use a discovery facilitator in the very early stages […]

djcl

34TH ANNUAL FRANCIS G. PILEGGI DISTINGUISHED LECTURE IN LAW

November 16, 2018January 11, 2020 sitemin

On Friday, November 2, 2018, at the Hotel DuPont in Wilmington, Delaware, Professor David A. Skeel Jr., distinguished S. Samuel Arsht […]

djcl

No Longer an Existential Threat: Minimizing Cybersecurity Risks and Upholding Duties

September 26, 2018January 11, 2020 sitemin

Kacee Benson The World Economic Forum lists cybersecurity breach as one of the five most serious risks facing the world […]

djcl

The 2018 Amendments to DGCL § 262

September 13, 2018January 11, 2020 sitemin

Zachary J. Schnapp On August 1, 2018, Senate Bill 180 (the “2018 Amendments”)—a technical bill proposed by the Delaware General […]

djcl

The Tax Cut and Jobs Act: What It Means for Business

June 24, 2018January 11, 2020 sitemin

Joseph Farris Many are still digesting how the recent Congressional tax legislation, H.R. 1, also known as the Tax Cut […]

djcl

The Materiality of Opinions: Appel v. Berkman

May 4, 2018January 11, 2020 sitemin

Colleen Degnan In Appel v. Berkman, No. 316, 2017 (Del. Feb. 20, 2018) (hereinafter “Appel”), the Delaware Supreme Court reversed […]

djcl

The Most Difficult Theory to Prove, Remains Unproven: Don’t Bypass the Board of Directors

March 25, 2018January 11, 2020 sitemin

Adesola Adegbesan In City of Birmingham Ret. & Relief Sys. v. Good, No. 16, 2017, (Del. Dec. 15, 2017), the […]

djcl

The Deal Price Matters: Dell, Inc. v. Magnetar Global Event Driven Master Fund Ltd., et. al

February 3, 2018January 11, 2020 sitemin

Jill Dolan In Dell, Inc. v. Magnetar Global Event Driven Master Fund Ltd., et al., No. 565, 2016, (Del. Dec. […]

djcl

Plaintiff’s Counsel Learned a Lesson

January 17, 2018January 11, 2020 sitemin

Amanda Fedak Section 220 of the Delaware General Corporation Law, the right to demand an inspection of books and records, […]

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