In January 2012, the Delaware Court of Chancery issued Guidelines to Help Lawyers Practicing in the Court of Chancery, which were discussed and summarized here. In these Guidelines,
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Practice Pointers
Establishing Insolvency Under Section 291
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One major requirement for the appointment of a receiver under Section 291 of the DGCL is establishing the insolvency of the corporation. The burden of establishing insolvency lies with the…
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Appointing Receiver to an Insolvent Corporation Under Section 291 of the DGCL: Who has Standing to Seek Appointment?
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Under Section 291 of the DGCL, only shareholders or creditors have standing to seek the appointment of a receiver to an insolvent Delaware corporation. However, Delaware cases have interpreted the…
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Court Denies Motion to Expedite; Delay Added to Plaintiff’s Burden
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In the recent decision of Ehlen v. Conceptus, Inc., C.A. No. 8560-VCG (Del. Ch. May 24, 2013), the Court of Chancery ruled on a motion to expedite filed…
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Counsel Warned To Proceed At Their Own Risk When Granting Courtesy Extensions Without Prior Court Approval
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“Henceforth, parties who ignore or extend scheduling deadlines without promptly consulting the trial court, will do so at their own risk.”
The Delaware Supreme Court in the recent…
Court of Chancery Issues Discovery Guidelines
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The Court of Chancery has recently expanded its Guidelines for Practitioners, to incorporate guidelines regarding discovery. On January 13, 2012, this blog provided a summary review of…
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Court Adopts Rule 5.1 Regarding Sealing of Pleadings
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Court of Chancery Grants Motion to Compel
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In the decision of NuVasive, Inc. v. Lanx, Inc., C.A. No. 7266-VCG (Oct. 12, 2012), the Court of Chancery reviewed a motion to compel filed by Plaintiff NuVasive…
Amendment to Court of Chancery Rule 171: Filing Appendices and Compendiums to Briefs
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The Court recently amended Court of Chancery Rule 171, which addresses the practice of filing Compendiums and Appendices to Briefs. For a copy of the amendment, click here. To…
Delaware Supreme Court Rules that Court of Chancery Has Discretion to Dismiss Inactive Cases
By Sheldon Rennie on
In Solow v. Aspect Resources, LLC, Del. Supr., No. 484, 2011 (Mar. 19, 2012), the Delaware Supreme Court ruled that the Court of Chancery has discretion to dismiss…