The Delaware Senate recently confirmed Governor John Carney’s nominees to serve as the Chief Justice and Associate Justice of the Delaware Supreme Court. In October of 2019, former Associate Justice Collins Seitz, Jr. was nominated by the Governor to replace Leo. E. Strine, Jr. as the Chief Justice, in light of the latter’s retirement. Tamika
Governor Carney Nominates Two New Vice Chancellors to the Delaware Court of Chancery
Recently, Governor John Carney nominated Morgan Zurn and Kathaleen McCormick to serve as Vice Chancellors for the Delaware Court of Chancery. The number of jurists on the Court of Chancery was recently increased by two. Morgan Zurn presently serves as a Master for the Court of Chancery. Prior to joining the Court of Chancery, Master
Delaware State Courts Ordered to Adopt 5:00 p.m. Electronic Filing Deadline
On July 18, 2018, the Delaware Supreme Court issued an Order to improve attorney work life balance. The Order requires that each state court in Delaware amend their rules to set forth a 5:00 p.m. ET electronic filing deadline for the majority of filings. To read an announcement from the Delaware Supreme Court discussing the
Amendments to Court of Chancery Rules 28, 153 and 170
Effective July 1, 2018, certain amendments to Rule 28, Rule 153 and Rule 170 of the Delaware Court of Chancery Rules will go into effect (redline versions of the Rules are linked). A summary of these recent rule amendments are provided below:
Rule 28. Persons before whom depositions may be taken. This amendment
Fox Expands Presence in Wilmington Through Merger With Shaw Fishman
Fox Rothschild is pleased to announce that, effective June 11, it will merge with Shaw Fishman Glantz & Towbin LLC, a 23-attorney firm with robust practices in bankruptcy, commercial litigation and real estate. The merger with the Chicago-based firm will also deepen Fox’s capabilities in Wilmington, with the addition of counsel Johnna Darby and partner
Delaware Supreme Court Amends Rule 14(g)(i) to Allow for Fastcase Citations
By order dated April 16, 2018, the Delaware Supreme Court has amended Delaware Supreme Court Rule 14(g)(i). The amendments allow parties to cite to cases in Fastcase, a legal research system that members of the Delaware State Bar Association can access for free. This is in addition to Westlaw and Lexis, which were already contemplated
Chancery Amends Rules Governing Motion Practice
Effective August 1, 2017, an amendment to Court of Chancery Rule 171(f) will go effective, setting forth word limitations for non-dispositive motions, and letters to the Court. Under the amendment, motions filed with the Court–excluding those filed under Rules 12, 23, 23.1, 56 and 65, along with pre-trial and post-trial briefs–are subject to a more
Jurisdiction Over Foreign Delaware Corporations Revisited
In the recent Delaware Supreme Court decision of Genuine Parts Company v. Cepec, No. 528, 2015 (Apr. 18, 2016), the Delaware High Court issued a landmark ruling, holding that a foreign corporation’s registration to do business in Delaware and related appointment of a registered agent for the acceptance of service of process did
The Honorable Slights Formally Sworn In As Vice Chancellor
The Honorable Joseph R. Slights, III was formally sworn in as the Court of Chancery’s newest Vice Chancellor on March 28, 2016. Vice Chancellor Slights replaces former Vice Chancellor John W. Noble, who retired from the bench in February 2016. Vice Chancellor Slights previously served a 12 year term as a Judge with the Delaware
Fee-Shifting Ban May Put Delaware’s Corporation-Friendly Status in Question
Delaware, a state often considered an incorporation “mecca” with its favorable tax laws, preeminent business court and unified body of corporate law, has recently enacted a controversial statute that may call the state’s corporation-friendly reputation into question. On June 11, 2015, the Delaware General Assembly approved legislation to effectively prohibit fee shifting bylaw provisions in