Monday, January 31, 2022

Morris James LLP lawyers survey key 2021 decisions in Delaware courts likely to impact business transactions and litigation in the future

By Lewis H. Lazarus, Albert H. Manwaring, IV and Albert J. Carroll of Morris James LLP

Developments in Delaware corporate law are always top of mind for corporate law practitioners. In their article, Delaware Corporate and Commercial Case Law Year In Review – 2021, lawyers from Morris James provide an excellent overview of the last year’s top 10 decisions from the Delaware courts likely to affect business transactions and business litigation going forward.

The authors focus on those decisions that either meaningfully changed Delaware law or provided clarity or guidance on issues relevant to corporate and commercial litigation in the state. The article reviews decisions regarding whether a stockholder’s claim for alleged breaches of fiduciary duty is direct or derivative, the new test for assessing demand futility in derivative litigation, busted merger litigation arising out of the pandemic, as well as ex ante waivers of statutory appraisal rights afforded to stockholders of Delaware corporations.

To read the entire article, click here.