Over the summer, Delaware enacted a number of amendments to the General Corporation Law of the State of Delaware (the “DGCL”). The amendments were largely crafted in response to several recent decisions by the Delaware Chancery…
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/ Business Organizations, Mergers & Acquisitions, Securities Law
The Uniform Commercial Code (“UCC”) is a comprehensive set of laws governing commercial transactions. It was designed and drafted with the aim of standardizing, harmonizing, and simplifying the laws around commercial…
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/ Business Organizations, Commercial Law & Contracts, Consumer Protection
Looking to take some of the worry out of commercial real estate transactions? Then we highly recommend that you join us for our upcoming webinar: Risk Mitigation Strategies When Drafting Commercial Real Estate Purchase and Sale…
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/ Commercial Law & Contracts, Real Estate - Commercial
Preferred stock is a key financing instrument in the world of private equity (PE) and venture capital (VC), frequently used to balance the interests of investors and founders. Issued by corporations, preferred stock confers…
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/ Business Organizations, Commercial Law & Contracts, Finance & Banking, Mergers & Acquisitions, Securities Law
I distinctly remember purchasing the Superman/Spiderman team-up when it came out in 1981. It was an oversized comic book, with heavier than usual pages and a vibrant color scheme, and that made it perfect for laying it out on my…
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/ Administrative Law, Art, Entertainment, & Sports Law, Business Organizations, Intellectual Property
When wedding bells are ringing, the last thing most couples want to think about is the possibility of death or divorce. However, for those entering long-term relationships or preparing for marriage, prenuptial agreements can be…
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/ Family Law, Wills, Trusts, & Estate Planning
One of the biggest challenges to states meeting ambitious Clean Energy Standards is local opposition to large scale projects, something we’ve written about previously. The federal government and many state legislatures have…
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/ Energy & Utilities, Environmental Law, Zoning, Planning & Land Use
The United States Court of Appeals for the Eleventh Circuit recently clarified the incorporation-by-reference doctrine in terms of how a lower court may treat documents outside the four corners of the complaint in deciding both…
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/ Civil Procedure
Over two years ago, the United States Supreme Court divested the federal courts of jurisdiction over all but a few disputes concerning the confirmation or vacation of arbitration awards. Since then, the federal appellate courts…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts
Clients often request that their counsel focus lease negotiations exclusively on those terms most likely to have the most significant impact on economics and the long-term relationship with the counterparty. This request comes…
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/ Business Organizations, Commercial Law & Contracts, Real Estate - Commercial, Real Estate - Residential
For many founders, business formation in Delaware is preferrable regardless of where the business plans to operate. There are many reasons for that, including preferable corporate taxes, business friendly laws and regulations,…
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/ Business Organizations, Commercial Law & Contracts
Representations and warranties insurance (RWI) has become an increasingly common feature in mergers and acquisitions (M&A) transactions, serving as a risk management tool for both buyers and sellers. RWI facilitates deal-making…
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/ Business Organizations, Mergers & Acquisitions, Insurance
Delaware is well known as a favored jurisdiction for mergers and acquisition deals, and for good reason — the jurisdiction’s business-friendly legal environment offers numerous efficiencies and predictability. Attorneys and…
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/ Business Organizations, Commercial Law & Contracts, Mergers & Acquisitions
The Federal Trade Commission’s (FTC) ambitious attempt to implement a nationwide ban on non-compete agreements (with limited exceptions) has hit a significant legal roadblock. On August 20, 2024, U.S. District Judge Ada Brown of…
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/ Administrative Law, Antitrust & Trade Regulation, Business Organizations, Commercial Law & Contracts, Labor & Employment Law
When a business is sold, the most important overall aspect of negotiations between a cautious buyer and determined seller may be due to the agreed-upon purchase price for the business. However, when the buyer is purchasing just…
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/ Business Organizations, Taxation, Real Estate - Commercial
