The Harvard Law School Forum on Corporate Governance https://corpgov.law.harvard.edu The leading online blog in the fields of corporate governance and financial regulation. Sat, 12 Jun 2021 14:53:59 +0000 en-US hourly 1 https://wordpress.org/?v=5.7.2 Top Ten 2013 Delaware Corporate and Commercial Decisions https://corpgov.law.harvard.edu/2014/02/10/top-ten-2013-delaware-corporate-and-commercial-decisions/ https://corpgov.law.harvard.edu/2014/02/10/top-ten-2013-delaware-corporate-and-commercial-decisions/#comments Mon, 10 Feb 2014 14:16:01 +0000 http://blogs.law.harvard.edu/corpgov/?p=59337?d=20141202154646EST Posted by Francis G.X. Pileggi, Eckert Seamans Cherin & Mellott, LLC , on Monday, February 10, 2014
Editor's Note: Francis G.X. Pileggi is Member-in-Charge of the Wilmington office of Eckert Seamans Cherin & Mellott, LLC and publisher of the Delaware Corporate and Commercial Litigation Blog. This post is based on an article by Mr. Pileggi, Kevin F. Brady, and Jill K. Agro. This post is part of the Delaware law series, which is co-sponsored by the Forum and Corporation Service Company; links to other posts in the series are available here.

This is our ninth annual review of key Delaware corporate and commercial decisions. During 2013, we reviewed and summarized over 200 decisions from Delaware’s Supreme Court and Court of Chancery on corporate and commercial issues. Among the decisions with the most far-reaching application and importance during 2013 are the “top ten” that we are highlighting in this short overview. We are providing links to the more complete blog summaries, and the actual court rulings, for each of the cases that we highlight below.

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]]> https://corpgov.law.harvard.edu/2014/02/10/top-ten-2013-delaware-corporate-and-commercial-decisions/feed/ 2 Noteworthy 2011 Delaware Court Decisions https://corpgov.law.harvard.edu/2012/01/28/noteworthy-2011-delaware-court-decisions/ https://corpgov.law.harvard.edu/2012/01/28/noteworthy-2011-delaware-court-decisions/#comments Sat, 28 Jan 2012 13:37:38 +0000 http://blogs.law.harvard.edu/corpgov/?p=25243?d=20150113152449EST Posted by Francis G.X. Pileggi, Eckert Seamans Cherin & Mellott, LLC, on Saturday, January 28, 2012
Editor's Note: Francis G.X. Pileggi is Member-in-Charge of the Wilmington office of Eckert Seamans Cherin & Mellott, LLC and publisher of the Delaware Corporate and Commercial Litigation Blog. This post is based on an article by Mr. Pileggi and Kevin F. Brady of Connolly Bove Lodge & Hutz LLP. This post is part of the Delaware law series, which is co-sponsored by the Forum and Corporation Service Company; links to other posts in the series are available here.

This is the seventh year that we are providing an annual review of key Delaware corporate and commercial decisions. During 2011, we reviewed and summarized approximately 200 decisions from Delaware’s Supreme Court and Court of Chancery on corporate and commercial issues. Among the decisions with the most far-reaching application and importance during 2011 include those that we are highlighting in this short overview. We are providing links to the more complete blog summaries, and the actual court rulings, for each of the cases that we highlight below.

Top Five Cases from 2011

We begin with the Top Five Cases on corporate and commercial law from Delaware for 2011 and we are glad to see that at least four of them have some support from the bench as these were the cases that four Vice Chancellors highlighted as important decisions in a recent panel presentation that they presented in New York City in early November 2011. Those cases were the following: In Re: OPENLANE Shareholders Litigation; In Re: Smurfit Stone Container Corp. Shareholder Litigation; In Re: Southern Peru Copper Corp. Shareholder Litigation and Air Products and Chemicals, Inc. v. Airgas Inc., and Kahn v. Kolberg Kravis Roberts & Co., L.P.

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]]> https://corpgov.law.harvard.edu/2012/01/28/noteworthy-2011-delaware-court-decisions/feed/ 1 Delaware Court Implements Guideline Regarding the Preservation of Electronic Information https://corpgov.law.harvard.edu/2011/02/27/delaware-court-implements-guideline-regarding-the-preservation-of-electronic-information/ https://corpgov.law.harvard.edu/2011/02/27/delaware-court-implements-guideline-regarding-the-preservation-of-electronic-information/#comments Sun, 27 Feb 2011 14:23:14 +0000 http://blogs.law.harvard.edu/corpgov/?p=15914?d=20150120093916EST Posted by Scott Hirst, co-editor, HLS Forum on Corporate Governance and Financial Regulation, on Sunday, February 27, 2011
Editor's Note: The following post comes to us from Kevin F. Brady, a Partner in the Business Law Group at Connolly Bove Lodge & Hutz LLP, and relates to guidelines for preservation of electronically stored information issued by the Delaware Court of Chancery, which are available here. This post is part of the Delaware law series, which is cosponsored by the Forum and Corporation Service Company; links to other posts in the series are available here.

On January 18, 2011, the Delaware Court of Chancery became one of the first state courts to issue a guideline for the preservation of electronically stored information (“ESI”) (the “Guideline”). The stated purpose of the Guideline is a reminder to litigants and their counsel (inside and outside counsel) of their common law duty to preserve potentially relevant information to the litigation. The reason for the focus on preservation is that based on the Court’s experience, proper preservation can remedy many discovery ills that arise later in the litigation. Indeed, most courts would agree that glitches in preservation are often difficult to remedy after the fact.

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