September 20, 2010

Our Mini-Theme: Business Litigation

Patrick Clendenen

Business and corporate litigation, the broad topic of our mini-theme, hasn't slowed in our down economy. From the superior courts of Massachusetts to the federal courts of California and in Delaware's court of chancery, entities of all kinds continue to seek justice and protection for hard-bargained agreements, for long-prosecuted patents, and for open, efficient markets. Though the general nature and craft of business litigation, from pleading to advocacy, remain constant, events over time, both technological and legislative, impose change.

We live in a global economy—yet many corporate and other business entities continue for good reason to have their homes in Delaware. Kevin Brady and Francis Pileggi therefore address the complicated and important new developments associated with the election of directors of Delaware corporations. With contested elections for control, we know, comes litigation.

We live in a technical society—in which our business and corporate clients maintain information in and through a vast array of media and methods. This complicates litigation, particularly discovery, and increases exponentially the cost of resolving disputes. Denise Kraft and Tyler O'Connell therefore track and explain national e-discovery trends and add for good measure the Delaware court of chancery's approach.

We live in a democratic country—where dramatic recent financial events have led to unprecedented legislative change. Rush Smith, Thad Westbrook, and Sarah Nielsen therefore explain the business litigation implications of the Dodd-Frank Wall Street Reform and Consumer Protection Act. With the act and the to-be-released regulations, consumer advocates, financial services attorneys, and trial lawyers in our business courts will continue to fight over the proper balance of disclosure, regulation, and innovation in our credit and capital markets.

Please enjoy these articles and the features of the now-electronic version of Business Law Today. And, if you practice in business and corporate litigation, please consider joining our vibrant, national committee, the Business and Corporate Litigation Committee, chaired by William Johnston.            

Patrick Clendenen