Vice Chancellor J. Travis Laster of the Delaware Court of Chancery and Professor Elise Bernlohr Maizel recently published a law review article entitled Discovery as a Compliance Problem, available at this hyperlink, 50 J. Corp. L. 53 (2024), which
Francis G.X. Pileggi
For over 30 years, I have practiced in the areas of corporate and commercial litigation as well as other complex litigation and administrative proceedings. My practice includes representation in high-stakes disputes for a wide range of clients in many industries as well as for utility companies, government entities and non-profits in multiple states. I have also litigated successfully, in both federal and state appellate courts, groundbreaking Second Amendment cases and related constitutional issues on behalf of civil rights organizations.
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Corporate Law Scholarship
Several recent articles by corporate law scholars and a jurist (who also deserves that title) are worth highlighting. Professor Stephen Bainbridge, often cited in Delaware court decisions and a friend of this blog, and Vice Chancellor Travis Laster, have authored…
Lawrence Cunningham on Delaware Corporate Law as Gold Standard
Lawrence Cunningham is the new Director of the Weinberg Center for Corporate Governance at the University of Delaware. He is a prolific corporate law scholar and provides thought leadership on the perennial issue of Delaware’s role in the nation’s corporate…
Chancery Interprets Charter and DGCL to Allow Reincorporation in Nevada with Majority Vote
In a masterpiece of contract interpretation and statutory analysis, the Delaware Court of Chancery recently reconciled juxtaposed provisions in the Delaware General Corporation Law and a Certificate of Incorporation to allow a reincorporation of a Delaware company in Nevada with…
Delaware’s Top Lawyers
The current issue of Delaware Today magazine published this month a list of “Top Lawyers” in Delaware for various areas of the law. Yours truly was included in the list under the category of “corporate law”. (There was no separate…
Delaware Clarifies Costs Payable to Prevailing Party
This post was prepared by Aimee Czachorowski, an attorney in the Delaware office of Lewis Brisbois.
Specific costs recoverable by a prevailing party is an oft-asked question in the Delaware courts. The Superior Court’s Complex Commercial Litigation Division recently addressed…
Chancery Approves Merger of Distressed Company that Nets Zero to Common Stockholders
A recent Delaware Court of Chancery opinion addressed the not infrequent situation where a distressed company is sold or merged but only the preferred stockholders receive consideration—and the common stockholders receive nothing. In Jacobs v. Akademos, Inc., Del. Ch.,…
Chancery Enforces Release as Condition Precedent to Severance Payments
In a recent decision, the Delaware Court of Chancery determined that an agreement that required a release to be signed as a condition precedent to receiving severance benefits was enforceable, and that the failure to sign the release was a…
Chancery Clarifies Details Needed Under Rule 88 to Seek Fees
The Delaware Court of Chancery recently clarified the requirements of Rule 88 which refers to an affidavit that must be submitted when attorneys’ fees are requested from the Court. The short 2-page letter-ruling provides citations to authority and an explanation…
Chancery rules conflicted dual fiduciaries must face derivative suit over Match spinoff
Frank Reynolds, who has been covering Delaware corporate decisions for various national publications for over 35 years, prepared this article
The Delaware Court of Chancery recently reconsidered most of its earlier dismissal of an investor challenge to IAC/InterActive Corp’s spinoff…