Delaware

Expert Analysis

• Why AFAs Are Key To The Future Of Legal Practice

  

  Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

• 2019 Annual Meeting And Reporting Considerations: Part 2

  

  In this installment of their four-part series, attorneys at Skadden Arps Slate Meagher & Flom LLP offer insights to companies on executive compensation matters for 2019 — including pay ratio and hedging disclosures, say-on-pay votes and changes in pay practices due to the Tax Cuts and Jobs Act.

• 2019 Annual Meeting And Reporting Considerations: Part 1

  

  Each company faces important decisions in preparing for its 2019 annual meeting and reporting season. This four-part series by attorneys at Skadden Arps Slate Meagher & Flom LLP covers essential items on which companies should focus, including corporate governance, executive compensation and disclosure matters.

• 21st Amendment Vs. Commerce Clause At The High Court

  

  On Wednesday, the U.S. Supreme Court hears argument in Byrd v. Tennessee Wine and Spirits Retailers Association, highlighting the conflict between states’ rights to regulate alcohol under the 21st Amendment and the restrictions in the U.S. Constitution's commerce clause on states’ power to regulate interstate commerce, says Alva Mather of DLA Piper LLP.

• Series

  Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

  

  Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

• State Net

  State Lawmakers Grapple With Proliferation Of E-Scooters

  

  As state legislators return to session this year, many face a new issue: the explosion of e-scooters on city streets. Municipal officials scrambling to evaluate the legality of the rental scooters are seeking policy guidance at the state level, says David Royse of State Net Capitol Journal.

• Common Stockholders Can Wa[i]ve Appraisal Rights Goodbye

  

  The Delaware Court of Chancery recently held that language in an agreement requiring minority stockholders to waive appraisal rights was enforceable. Though the case is already on appeal, practitioners should make sure agreements with drag-along rights include unambiguous waiver provisions whenever possible, say attorneys at Goodwin Procter LLP.

• Discovery Confidentiality At Risk After Columbia Pipeline

  

  The Delaware Court of Chancery's recent Columbia Pipeline ruling highlights the risk that litigants may find their confidential materials, produced in discovery, attached to their opponents' filings for the purpose of unsealing the documents, say Arthur Bookout and Lilianna Townsend of Skadden Arps Slate Meagher & Flom LLP.

• Opinion

  The Case For Lawyer-Directed Litigation Funding In NY: Part 2

  

  Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

• Opinion

  The Case For Lawyer-Directed Litigation Funding In NY: Part 1

  

  Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.