Delaware’s courts are going through a period of rapid change. While it is too early to decide whether those changes are for the better, some preliminary comments are possible. In general, the recent events are a cause for optimism that Delaware is maintaining its position as the best forum for corporate litigation. There is, however, one dark cloud on the horizon.
The Sources of Delaware’s Strength
Delaware has been a good place to litigate. The Delaware courts have been staffed with able judges well-experienced in the types of business disputes filed in Delaware. For example, Delaware is the leading jurisdiction for appraising the value of corporate stock in damage actions. That is often a complex matter and not easily done by those courts that seldom value corporations. You can predict fairly well what your client will get or pay, if you are in the Delaware Court of Chancery. Similarly, the interpretation of director and officer insurance policies is critically important to those corporate officials. The Delaware Superior Court has many decisions dealing with those policies and a predictable approach to resolving disputes. Hence, an increasing number of D&O policy disputes are being filed here.
The Recent Changes in Delaware
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]