Edward M. McNally: Lawyer with Morris James LLP

Edward M. McNally

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Partner
Wilmington,  DE  U.S.A.
Phone302.888.6880

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

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Experience & Credentials Ratings & Reviews
 

Practice Areas

  • Alternative Entities
  • Business Litigation
  • Corporate and Fiduciary Litigation
  • Special Committee Representation
  • Corporate Governance Counseling
  • Insurance Coverage Litigation
  • Professional Liability Litigation
 
Mailing AddressP.O. Box 2306, Wilmington, DE, 19899-2306
 
University Boston College, B.A., 1969
 
Law SchoolColumbia University Law School, J.D., 1972
 
Admitted1972, Delaware; United States District Court, District of Delaware; U.S. Court of Appeals, Third Circuit; U.S. Supreme Court
 
BornWilmington, Delaware, February 21, 1947
 
Biography

Edward M. McNally has more than 40 years of experience applying Delaware law. He is recognized for his knowledge of Delaware law in Delaware's state and federal courts. Clients have asked Ed to represent them in major litigation in the Delaware courts more than 250 times. Delaware lawyers hire Ed to represent them in their own matters.

Ed has represented clients in jury and bench trials in virtually every type of business dispute before the Federal District Court, the Delaware Superior Court, the Delaware Supreme Court, and the Court of Chancery. His representations include major complex commercial litigation cases, contract disputes, corporate control and management issues, shareholder rights, employment and non-compete agreement disputes, and financial transaction matters. He is also an active mediator in business disputes.

Since 2005, Chambers USA has highlighted Ed McNally for the quality of his client counseling in Chancery matters. In Chambers USA 2013, market comments include "he "knows what he is doing" and he "has excellent judgment and is well respected. Sources also appreciated his connections and ability to deal with complex cases."

Experience

• Mergers and other transactions where some directors are alleged to have conflicts of interest

• Appraisal actions

• Determination of a corporation's officers and directors in corporate control disputes

• Breach of contract claims

• Civil rights violation claims

Professional Affiliations

Delaware Voluntary Mediation Act, Principal Drafter

Delaware Superior Court Business Courts Committee, Member by Court Appointment

Delaware Superior Court Toxic Torts Litigation Committee, Member by Court Appointment

Court of Chancery Historical Society, Member by Court Appointment

Delaware State Bar Association, Corporation Law Section, Past Chairman and Vice Chairman

Lawyers Fund for Client Protection, Past Chairman

Richard K. Herrmann Technology Inn of Court

American Bar Association, Business Law and Litigation Sections

Community Affiliations

National Alliance for the Mentally Ill-DE, Past President

Town of Elsmere, Town Solicitor

Recent Matters

Ammermon v. Feingold
Control of publicly traded corporation

Nicholas v. National Union
Insurance coverage dispute

Kongsberg v. Teleflex
Contract dispute

Julian v. Eastern States Const. Service, Inc.
Private company stock ownership

In re Philadelphia Stock Exchange, Inc.
Control battle over PHLX

Reserves v. Crystal Properties
Attorney's fees

Reserves Development LLC v. Severn Sav. Bank, FSB
Contract dispute

Northern Delaware Aquatic Facilities, Inc. v. Cooch & Taylor
Statute of limitations

Giles v. Kearney
Civil rights

Howard Hess Dental Laboratories Inc. v. Dentsply Intern., Inc.
Antitrust

AT&T Corp. v. Clarendon American Ins. Co.
Insurance coverage

Ginsburg v. Philadelphia Stock Exchange, Inc.
Control of PHLX

McKee v. McKee
Control of privately held corporation

Elsmere Park Club, L.P. v. Town of Elsmere
Civil rights

AT&T Corp. v. Faraday Capital Ltd.
Insurance coverage dispute

AT&T Corp. v. Clarendon America Ins.
Insurance coverage dispute

North American Catholic Educational Programming Foundation, Inc. v. Gheewalla
Creditor rights claim

In re Fruehauf Trailer Corp.
Pension plan

Canadian Commercial Workers Industry Pension Plan v. Alden
Attorney fee dispute

In re Astropower Inc. Securities Litigation
Securities litigation

Wawa, Inc. v. Government of New Castle County Delaware
Land use

Black v. Hollinger Intern. Inc.
Breach of fiduciary duty claims

Cede & Co. v. Joule, Inc.
Appraisal action

Saito v. McCall
Books and records case

Hollinger Intern. Inc. v. Black
Breach of fiduciary duty

Watkins v. New Castle County
Land use

Kerr-McGee Chemical, LLC v. Kemira Pigments Oy
Patent

Lieberman v. Delaware
Civil rights

H-M Wexford LLC v. Encorp, Inc.
Breach of contract

Rottlund Homes of New Jersey, Inc. v. Saul, Ewing, Remick & Saul, L.L.P.
Attorney malpractice

Gotham Partners, L.P. v. Hallwood Realty Partners, L.P.
Limited liability breach of fiduciary duty

EBS Litigation LLC v. Barclays Global Investors, N.A.
Stockholder dispute

Matter of Pursuit Athletic Footwear, Inc.
Contract dispute

In re Buckhead America Corp.
Fraudulent conveyance

W&G Seaford Associates, L.P. v. Eastern Shore Markets, Inc.
Contract dispute

Peninsula Methodist Homes and Hospitals, Inc. v. Architect's Studio, Inc.
Contract dispute

Chrysler Corp. v. New Castle County
Contract dispute

Valencia v. Blue Hen Conference
Civil rights claim

Evans v. Buchanan
Civil rights claim

News & Events

News & Media Mentions

Morris James Receives Top Legal Rankings in Chambers USA 2014
May 23, 2014

Delaware Super Lawyers® 2014 Recognizes 12 Morris James' Attorneys
January 23, 2014
Delaware Super Lawyers®

20 Attorneys in 23 Practices Recognized by Best Lawyers® 2014
August 15, 2013
Best Lawyers® 2014

Benchmark Litigation Names 7 Partners Among Top Litigators in Delaware
July 11, 2013

Chambers USA Names 13 Morris James Attorneys in Their 2013 Guide to Leading Business Lawyers
May 29, 2013
Chambers USA

Delaware Super Lawyers® 2013 Recognizes 12 Morris James' Attorneys
January 9, 2013
Delaware Super Lawyers®

Delaware Super Lawyers® Magazine Has Recognized 7 Morris James' Attorneys As Top Legal Counsel In Delaware
December 11, 2012

20 Morris James Attorneys in 23 Practices Selected for Inclusion in Best Lawyers® 2013
August 30, 2012

Benchmark Litigation 2013 Names 7 Morris James Partners Among Top Delaware Litigators
July 13, 2012

Delaware Super Lawyers® Recognizes 11 Morris James Attorneys as Top Legal Counsel in Delaware
May 18, 2012

Morris James Launches "Delaware Courts Online" - A Guide to Litigation in Delaware's Business Courts
September 22, 2011

17 Morris James Attorneys Named in Best Lawyers® 2012 in 20 Practice Areas
August 31, 2011

Benchmark Litigation 2012 Names 5 Morris James Partners Among Top "Local Litigation Stars"
June 16, 2011

Delaware Super Lawyers® Names 8 Morris James Partners As Top Legal Counsel in Delaware
May 31, 2011

17 Morris James Attorneys Selected by Best Lawyers® 2011
August 4, 2010

Benchmark Litigation 2011 Names 5 Morris James Partners Among Top "Local Litigation Stars"
August 3, 2010

Delaware Super Lawyers® Names 7 Morris James Partners as Top Legal Counsel in Delaware
June 27, 2010

Chambers USA Names 10 Morris James Partners In Their 2010 Guide to Leading Business Lawyers
June 16, 2010

Three Morris James Partners Named as National Finalists to the Lawdragon 500 List
April 1, 2010

Best Lawyers® Names 15 Morris James Attorneys and Ranks the Firm #1 in Delaware for Education Law and Elder Law
October 12, 2009

Benchmark Litigation 2010 Names Morris James Partners Among Top Litigation Practitioners
August 17, 2009

Delaware Super Lawyers® Magazine Has Named 7 Morris James Partners As Top Legal Counsel In Delaware
June 17, 2009

Chambers USA 2009 Recognizes 8 Morris James Attorneys and 4 Practice Groups
June 10, 2009

13 Morris James Partners Named in Best Lawyers® 2009
October 23, 2008

Morris James Partners Recognized in Delaware Super Lawyers® Corporate Counsel Edition
January 14, 2008

Eleven Morris James Partners Nominated in Best Lawyers® 2008
December 4, 2007

Six Morris James Attorneys Nominated to Delaware Super Lawyers®
June 1, 2007

Six Morris James Attorneys Recognized in Best Lawyers®
October 21, 2005

Events

Legal Ethics in Delaware
December 11, 2013
Wilmington, DE

LLC Operating Agreements - Crafting Provisions on Fiduciary Duties, Indemnification and Exculpation to Minimize Business Disputes
December 8, 2010

Publications

Articles & Publications

Rural/Metro May Affect Delaware Breach of Fiduciary Duty Litigation
November 5, 2014
Delaware Business Court Insider

The Dilemma of the Unintended Fiduciary
October 8, 2014
Delaware Business Court Insider

Will Chancery Court Remedy Your Problems in Another Tribunal?
September 3, 2014
Delaware Business Court Insider

Modest Reflections on the State of Delaware Litigation
July 30, 2014
Delaware Business Court Insider

Is the Court of Chancery Reforming Stockholder Litigation?
June 25, 2014
Delaware Business Court Insider

Will Delaware Still Take Your Case?
May 14, 2014
Delaware Business Court Insider

Are Noncompete Agreements Only a Click Away?
April 16, 2014
Delaware Business Court Insider

Delaware Expands Remedies for Former Employee Misconduct
March 19, 2014
Delaware Business Court Insider

Is Delaware Closing the Door to Foreign Tort Claimants?
March 5, 2014
Delaware Business Court Insider

Is Delaware Expanding Summary Judgments?
February 26, 2014
Delaware Business Court Insider

Delaware Expands Insider-Trading Claims
February 5, 2014
Delaware Business Court Insider

An Evolving Approach to Multijurisdictional Litigation
December 11, 2013
Delaware Business Court Insider

Must Board Elections Be Fair?
November 6, 2013
Delaware Business Court Insider

Chancery Closing the Door to Multidistrict Litigation
October 9, 2013
Delaware Business Court Insider

Watch Out When Waiving Privilege
October 2, 2013
Delaware Business Court Insider

Are Preferred Stockholders Second-Class Citizens?
September 4, 2013
Delaware Business Court Insider

Is Duty of Good Faith and Fair Dealing Still Alive in Del.?
August 14, 2013
Delaware Business Court Insider

Are Appraisal Cases Coming Back?
July 17, 2013
Delaware Business Court Insider

Good-Faith and Fair-Dealing Claims Get a New Life
June 26, 2013
Delaware Business Court Insider

Has the Merger Defense to Derivative Litigation Ended?
June 12, 2013
Delaware Business Court Insider

Is the Court of Chancery Reforming Merger Litigation?
May 15, 2013
Delaware Business Court Insider

Should Directors Sue Their Company for Its Misdeeds?
May 8, 2013
Delaware Business Court Insider

When Is Advice of Counsel a Defense You Can Raise, but Not Disclose?
April 24, 2013
Delaware Business Court Insider

Does Allergan Spell Litigation Relief?
April 17, 2013
Delaware Business Court Insider

Delaware Expands Stockholders' Right to Sue
March 27, 2013
Delaware Business Court Insider

Do Directors of Foreign-Based Companies Have Greater Liability Exposure?
March 20, 2013
Delaware Business Court Insider

What to Expect From Your Delaware Counsel
March 6, 2013
Delaware Business Court Insider

Contract Precludes Litigation - Almost
January 30, 2013
Delaware Business Court Insider

Delaware Supreme Court Radically Changes Discovery Scheduling Practice
January 9, 2013
Delaware Business Court Insider

The Court of Chancery Speaks by Transcript
September 12, 2012
Delaware Business Court Insider

Is Delaware Poised to Dismiss Premature Litigation?
August 29, 2012
Delaware Business Court Insider

When May Directors Vote Themselves Bonuses?
July 18, 2012
Delaware Business Court Insider

Delaware Court of Chancery Sets New Rules for Derivative Claims
June 20, 2012

Delaware's Complex Civil Litigation Court: One Year Later
May 18, 2012
Delaware Business Court Insider

Confirming a Settlement That Your Client Hates
May 16, 2012
Delaware Business Court Insider

Delaware's Business Courts Seek Comments
May 2, 2012
Delaware Business Court Insider

What to Do When the Injunction Is Denied but the Directors Made a Mistake
April 4, 2012
Delaware Business Court Insider

Delaware Chancery Court Appoints Receiver for LLC
March 7, 2012

Court of Chancery Stays Tag-Along Litigation
February 1, 2012
Delaware Business Court Insider

Delaware Federal District Court Adopts ESI Discovery Guidelines
January 12, 2012
Delaware Business Court Insider

Court of Chancery Circulates Draft Practice Guidelines
December 28, 2011
Delaware Business Court Insider

State Courts Continue to Wrestle With Jurisdictional Conflicts
November 16, 2011
Delaware Business Court Insider

Why Alternative Entities May Not Protect Investors
October 19, 2011
Delaware Business Court Insider

Traps for the Unwary - The Potential Consequences of Agreements to Negotiate in Good Faith
October 12, 2011
Delaware Business Court Insider

Common Pleas Court's New 'Rocket Docket' May Offer Advantages in Business Litigation
October 5, 2011
Delaware Business Court Insider

Curing Incivility: How and When Should Judges Act?
September 28, 2011
Delaware Law Weekly

Superior Court Emphasizes Need for Speed in Litigation
August 11, 2011

Paying for Your Opponent's Lawyer: A Common Dilemma
August 3, 2011
Delaware Business Court Insider

Will Delaware Survive Without A William In Charge?
July 29, 2011
Delaware Business Court Insider

Why You Should Care What Law Applies to Your Contract
July 20, 2011
Delaware Business Court Insider

Why Do We Care About 'Poison Pills'?
June 8, 2011
Delaware Business Court Insider

The Song of Preferred Stockholders: 'You Get What You Asked For, Not What You Need'
April 27, 2011
Delaware Business Court Insider

Are Directors Vulnerable for Lack of Oversight When a Natural Disaster Strikes?
April 6, 2011

Do Managers of LLCs Have Any Fiduciary Duties Left?
March 16, 2011
Delaware Business Court Insider

Supreme Court Rejects Deepening Insolvency Claim
November 1, 2007

Delaware Supreme Court Expands Director Protection
July 10, 2007
Delaware Supreme Court

Is Omnicare Slowly Dying?
November 16, 2004

Short Form Mergers Must Not Be Short on Disclosures
October 1, 2004

The Delaware Carve Out Remains Live and Well
September 20, 2004

Good Faith: Not For Your Buddies
May 1, 2004

SOX v. DGCL: Round One
March 1, 2004

Blog(s)

Delaware Business Litigation Report

Delaware Insurance Law Report

Honors

Best Lawyers®, 2014 "Lawyer of the Year" for Real Estate Litigation

Best Lawyers®, 2005-2015

Chambers USA - America's Leading Lawyers for Business, 2005-2014

Delaware Super Lawyers®, 2007-2014

Benchmark Litigation: The Definitive Guide to America's Leading Firms and Attorneys, Litigation Star, 2010-2014

Lawdragon 500, National Finalist, 2010

United States District Court, District of Delaware, Caleb R. Layton III Service Award, 2007

Martindale-Hubbell, AV Rating

 
ISLN904913468
 

Documents by this lawyer on Martindale.com

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Court Of Chancery Allocates Fault In Breach Of Loyalty Case
Edward M. McNally, October 22, 2014
In a precedent-setting opinion, the Court of Chancery has allocated damages among some directors and one of their advisers in a breach of fiduciary duty case. This decision has big implications on how breach of duty cases are tried in the Court of Chancery.

Court Of Chancery Explains Affect Of Stockholder Vote In Non-Controlling Stockholder Case
Edward M. McNally, October 22, 2014
This important decision addresses two tricky questions of Delaware corporate law. First, it clarifies that the informed vote of a majority of the disinterested stockholders will invoke the business judgment rule when there is no controlling stockholder pushing the transaction.

The Dilemma of the Unintended Fiduciary
Edward M. McNally, October 19, 2014
A recent Delaware decision highlights a trap for the unwary adviser to a business entity. The decision holds that helping a business get started may create fiduciary duties owed by the adviser, even if he or she is not acting in one of the roles that are normally thought of as creating such duties,...



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Office Information

Edward M. McNally

500 Delaware Avenue, Suite 1500
WilmingtonDE 19801-1494




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