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The Delaware Corporate and Legal Services Blog

DECALS keeps the international legal and business communities current on Delaware Corporate Law and related matters. Subscribe here to receive updates from the Delaware Department of State.

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Andre G. Bouchard Confirmed to Head Delaware Court of Chancery

4/11/2014

The Delaware Senate has confirmed the nomination of Andre G. Bouchard as the next Chancellor of the Court of Chancery, Delaware’s preeminent forum for corporate disputes.

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Delaware Court of Chancery Issues Discovery Guidelines to Streamline Discovery and Reduce Discovery Costs

4/8/2014

Given the proliferation of emails and electronic media, discovery is expensive—sometimes prohibitively so. The Delaware Court of Chancery is sensitive to discovery costs and has issued guidelines to explain the Court’s expectations about parties’ and their lawyers’ responsibility to reduce the burden and cost of discovery. The bottom-line instructions from the Court are for parties and their counsel to be flexible and creative, to ensure that discovery costs are proportionate to what is at stake in the litigation, and to not get out of control.

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Delaware Supreme Court Ruling Provides Clear Guidance for Going-Private Mergers

3/25/2014

The Delaware Supreme Court has affirmed a landmark decision issued last May by the Court of Chancery applying the business judgment rule (rather than the entire fairness standard) to a going-private merger that includes multiple stockholder safeguards. The High Court’s decision is an important milestone in Delaware corporate jurisprudence, providing definitive guidance on how a company can structure a going-private merger.

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Andre G. Bouchard Nominated to Lead Court of Chancery

3/20/2014

Governor Markell today announced the nomination of Andre G. Bouchard, widely recognized as one of the country’s premier corporate law practitioners, to serve as the 21st Chancellor of the Court of Chancery. If confirmed by the Delaware Senate, Bouchard would succeed the Honorable Leo E. Strine, Jr., who was sworn in as Chief Justice of the Delaware Supreme Court in February.

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A Delaware Forum Selection Clause Can Help Delaware Businesses Manage Litigation Risk

3/20/2014

Managing litigation risk is a challenging but essential task for businesses of all types and sizes. A forum selection clause that designates the Delaware courts for resolving disputes can reduce the chance that a commercial or intra-corporate dispute is litigated by opportunistic counterparties before a court or other tribunal that is inconvenient to your business, or that lacks the specialization needed to most effectively resolve the dispute.

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*The views expressed in these articles are solely those of the authors and should not be attributed to the authors’ firms, clients, places of employment, or employers, or to the Delaware Department of State or the State of Delaware, nor do they necessarily represent positions that the authors’ law firms or employers might assert in litigation on behalf of clients unless an article specifically so states. While the articles are intended to accurately describe certain areas of the law, they are not intended to be and should not be construed as legal advice. If legal advice or other professional assistance is required, the services of a competent professional person should be sought.