Insights

  • 09.27.2021
    Article

    Section 220 provides stockholders with a powerful tool for investigating corporate wrongdoing — one that Delaware courts have repeatedly implored stockholders to use before pursuing potential claims. Recent Chancery decisions suggest that defendants should not chalk up the fee-shifting decision to a one-off.

  • 09.27.2021
    Publication

    Morris Nichols Delaware Trust Law Companion is an invaluable resource for professionals whose practice involves Delaware trusts.

  • 08.01.2021
    Bankruptcy Petition Alert

    On August 1, 2021, Alpha Latam Management, LLC and certain of its affiliates filed voluntary petitions under Chapter 11 of the United States Bankruptcy Code in the U.S. Bankruptcy Court for the District of Delaware.

  • 08.01.2021
    Article

    In its 2021 session, the Delaware legislature passed a number of amendments to the Delaware General Corporation Law (DGCL) and the Delaware “alternative entity” statutes—the Delaware Limited Liability Company Act (DLLCA), the Delaware Revised Uniform Limited Partnership Act (DRULPA), and the Delaware Revised Uniform Partnership Act (DRUPA). The amendments to the DGCL, the DLLCA, the DRULPA, and the DRUPA became effective on August 1, 2021.

  • 08.01.2021
    Article

    On August 1, 2021, amendments to the Delaware Limited Liability Company Act (the “Act”) became effective that include a number of significant substantive changes. 

  • 07.12.2021
    Client Alert

    On June 30, 2021, Delaware Governor John C. Carney signed House Bill 164 (“Trust Act 2021”) into law.

  • Spring 2021
    Article

    When implementing a plan involving the transfer of assets to more than one trust with overlapping donors and beneficiaries, prospective donors and their advisers should be mindful of the possible application, and implications, of the so-called “reciprocal trust doctrine.”

  • 05.25.2021
    Client Alert

    The District of Delaware issued a Standing Order today, stating that the Court will enter Phase 3 of its Covid Re-Opening Guidelines on June 7, 2021.

  • 04.30.2021
    Client Alert

    Judge Connolly issued a Standing Order today revising his summary judgment procedures in patent cases. Effective immediately, a party filing multiple summary judgment motions must now number the motions based on the order in which it wants the Court to review them.

  • 04.29.2021
    Article

    Morris Nichols attorneys William Lafferty, John DiTomo, and Mathew Clark contributed eight guides on Delaware litigation to Practical Law Litigation

  • 04.26.2021
    Client Alert

    On April 7, 2021, the Corporation Law Section of the Delaware State Bar Association approved amendments to the Delaware Revised Uniform Partnership Act, 6 Del. C. §§ 15-101 et seq. (the “DRUPA”), the Delaware Revised Uniform Limited Partnership Act, 6 Del. C. §§ 17-101 et seq. (the “DRULPA”), and the Delaware Limited Liability Company Act, 6 Del. C. §§ 18-101 et seq. (the “DLLCA”).

  • 04.19.2021
    Client Alert

    In a pair of bills introduced late last week in the Delaware General Assembly, Delaware moved to shore up its unclaimed property program through proposed amendments to its unclaimed property law that would establish unclaimed property reporting requirements for virtual currency, and create a permanent expedited audit option with significantly reduced interest for holders.  Additionally, in apparent reaction to several recent court opinions criticizing the State’s use of contingent fee audit firms, and curtailing the State’s ability to compel the production of holder records, the proposed amendments would eliminate most third-party contingent fee arrangements, and expand the State’s authority to seek records – from the holder and various third-parties – wholly unrelated to the identification of abandoned property due and owing to the State.

  • 04.15.2021
    Article

    In a prepackaged bankruptcy—colloquially known as a “prepack”—a distressed company negotiates and solicits support of a chapter 11 plan of reorganization before commencing its chapter 11 case. The company then files for bankruptcy court protection to implement the plan, knowing that it has the requisite creditor support for its reorganization.

  • 04.05.2021
    Client Alert

    In a notice issued today, the District of Delaware announced its decision not to extend its February 5, 2021 Standing Order suspending jury trials.

  • 2021
    Publication

    Morris Nichols partner David Harris authored the chapter on Delaware.

  • 03.01.2021
    Publication

    Designed for the unclaimed property professional and companies involved in Delaware unclaimed property audits and voluntary disclosure agreements, the Morris Nichols Unclaimed Property Companion is the authority on Delaware unclaimed property law.

  • 02.19.2021
    Client Alert

    As many American businesses continue to function remotely, Delaware – like other states – has concluded that VDAs and unclaimed property audits initiated by Delaware can and should continue as well. Therefore, it is accelerating its scrutiny of Delaware formed companies.

  • 02.15.2021
    Article

    Morris Nichols maintains a Cumulative Survey of Delaware case law relating to alternative entities that is updated annually, organized by subject area and includes most cases that address significant alternative entity issues.

  • 02.05.2021
    Client Alert

    The District of Delaware issued a Standing Order, canceling all civil and criminal jury trials until on or after April 5, 2021, in light of the ongoing impact of the coronavirus pandemic.

  • 02.01.2021
    Publication

    Morris Nichols’ M&A Checklist summarizes key cases decided by the Delaware courts. Now updated for 2021 and available in PDF format, it is an essential tool for M&A dealmakers.

  • 01.29.2021
    Client Alert

    In response to the increasing prevalence of data breaches in both the private sector and government, the District of Delaware issued a Standing Order providing guidance on new security procedures to protect “highly sensitive documents” (“HSD”) filed with the Court.

  • 12.21.2020
    Article

    This article discusses the bankruptcy discharge process and how prospective acquirors of bankrupt companies can identify and potentially avoid liability for legacy unclaimed property liabilities that may remain following confirmation of a plan of reorganization.

  • 11.11.2020
    Client Alert

    The Delaware Secretary of State announced in late August 2020 that his office was mailing nearly 200 letters to businesses identified as “holders” of unclaimed property. These Delaware-formed companies were deemed likely to be out of compliance in reporting dormant, abandoned or unclaimed property under Delaware law.

  • Fall 2020
    Article

    Through the years, alternative entities have evolved in complexity and grown in popularity, particularly limited partnerships (“LPs”) and limited liability companies (“LLCs”).  Morris Nichols attorneys Don Parsons, Jason Russell and Koah Doud contributed a look-back article on alternative entities to the 75th Anniversary edition of The Business Lawyer.

  • Award Icon - Chambers

    Chambers USA 2021 and Chambers High Net Worth 2021 Recognizes Morris Nichols in Band 1 for Delaware Bankruptcy, Chancery, Corporate/M&A & Alternative Entities, Intellectual Property and Private Wealth Law

  • Award Icon - Law360

    Recognized as a Law360 Delaware Regional Powerhouse in 2019 and 2018

  • Award Icon - Legal 500

    Recognized in 2021 by The Legal 500 for M&A litigation and M&A/corporate and commercial.

  • Award Icon - Best Lawyers

    32 Morris Nichols Attorneys Listed in The Best Lawyers in America® 2022

  • Award Icon - Super Lawyers

    14 Morris Nichols Attorneys Selected for Inclusion in 2020 Delaware Super Lawyers

  • Award Icon - Benchmark

    Ranked by Benchmark Litigation in top band for Delaware law firms

  • Award Icon - IAM Patent 1000

    Ranked a “Gold” IP law firm by Intellectual Asset Management in its IAM Patent 1000

  • Award Icon - Global Restructuring Review

    Listed among Global Restructuring Review’s GRR 100 list of top law firms for cross-border insolvency and restructuring

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