Business litigation in Delaware is unique and for thirty-five years, Edward M. McNally has focused his practice on litigation in all the courts in Delaware. He represents parties in jury and bench trials in virtually every type of business dispute.
Recently, his representation of clients in litigation matters has involved:
· Dissolution of a large real estate holding company
· Control of the Philadelphia Stock Exchange
· Breach of contract claim with an award over $1 million
· Ownership rights in a multicompany dispute
· Civil rights violation claim
A litigation veteran, he is recognized for the quality of his client counseling. Ed's "reputation . . . is excellent," as one recent judicial opinion noted and he "has very good judgment," according to Chambers USA - America's Leading Lawyers for Business. In Chambers USA 2011, "Clients highlight Edward McNally as another strong lawyer at the firm. His expertise covers a wide range of business litigation, but fiduciary law is a particular strength."
Honors and Awards
· Delaware Voluntary Mediation Act, Principal Drafter
· The Best Lawyers in America®, Woodward/White, Inc., 2005-2011
· Chambers USA - America's Leading Lawyers for Business, 2005-2011
· Lawdragon 500 Leading Lawyers in America, National Finalist, 2010
· Delaware Super Lawyers®, 2007-2010, 2012
· Benchmark: Litigation, 2009-2012
· U.S. District Court, District of Delaware, Caleb R. Layton III Service Award, 2007
· Martindale-Hubbell, AV Rating
Activities and Affiliations
· 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
· Richard K. Herrmann Technology Inn of Court, Member
· American Bar Association, Business Law and Litigation Sections, Member
· Lawyers Fund for Client Protection, Past Chairman
· National Alliance for the Mentally Ill-DE, President
· Town of Elsmere, Town Solicitor
Experience
Julian v. Eastern States Const. Service, Inc.
2008 WL 2673300 (Del.Ch., July 08, 2008)
Private company stock ownership
In re Philadelphia Stock Exchange, Inc.
945 A.2d 1123 (Del.Supr., March 27, 2008)
Control battle over PHLX
Reserves v. Crystal Properties
2008 WL 282276 (Del.Super., January 28, 2008)
Attorneys fees
Reserves Development LLC v. Severn Sav. Bank, FSB
2007 WL 4644708 (Del.Ch., December 31, 2007)
Contract dispute
Northern Delaware Aquatic Facilities, Inc. v. Cooch & Taylor
2007 WL 4576347 (Del.Super., November 16, 2007)
Statute of limitations
Reserves Dev. LLC v. Severn Sav. Bank, FSB
2007 Del. Ch. LEXIS 156 (Del. Ch., Nov. 9, 2007)
Claim for construction funds
Giles v. Kearney
516 F.Supp.2d 362 (D.Del., September 28, 2007)
Civil rights
Howard Hess Dental Laboratories Inc. v. Dentsply Intern., Inc.
516 F.Supp.2d 324, 2007-2 Trade Cases P 75, 890 (D.Del., September 26, 2007)
Antitrust
AT&T Corp. v. Clarendon American Ins. Co.
931 A.2d 409 (Del.Supr., July 02, 2007)
Insurance coverage
Ginsburg v. Philadelphia Stock Exchange, Inc.
2007 WL 1703421 (Del.Ch., May 30, 2007)
Control of PHLX
McKee v. McKee
2007 Del.Ch. LEXIS 59, (Del.Ch., May 3, 2007)
Control of privately held corporation
Elsmere Park Club, L.P. v. Town of Elsmere
474 F.Supp.2d 638 (D.Del., Feb. 21, 2007)
Civil rights
AT&T Corp. v. Faraday Capital Ltd.
918 A.2d 1104 (Del.Supr., February 05, 2007)
Insurance coverage dispute
AT&T Corp. v. Clarendon America Ins.
2006 WL 2685081 (Del.Super., Sept. 18, 2006)
Insurance coverage dispute
North American Catholic Educational Programming Foundation, Inc. v. Gheewalla
930 A.2d 92, (Del.Supr., May 18, 2007)
Creditor rights claim
In re Fruehauf Trailer Corp.
444 F.3d 203, 46 Bankr.Ct.De. 100, Bankr. L. Rep. P 80, 483, 37 Employee Benefits Cas. 1796, Pens. Plan Guide (CCH) P 23996F, C.A. 3 (Del., April 12, 2006)
Pension plan
Canadian Commercial Workers Industry Pension Plan v. Alden
2006 WL 456786, 31 Del. J. Corp. L. 1070 (Del.Ch., February 22, 2006)
Attorney fee dispute
In re Astropower Inc. Securities Litigation
2006 WL 288120, Fed. Sec. L. Rep. P 93, 678 (D.Del., February 07, 2006)
Securities litigation
Wawa, Inc. v. Government of New Castle County Delaware
391 F.Supp.2d 291 (D.Del., October 13, 2005)
Land use
Black v. Hollinger Intern. Inc.
872 A.2d 559 (Del.Supr., April 19, 2005)
Breach of fiduciary duty claims
Cede & Co. v. Joule, Inc.
2005 Del.Ch. LEXIS 21 (Del.Ch., Feb. 7, 2005)
Appraisal action
Saito v. McCall
2004 WL 3029876, 30 Del. J. Ch. L. 650 (Del.Ch., December 20, 2004)
Books and records case
Hollinger Intern. Inc. v. Black
2004 WL 3048802 (Del.Ch., November 04, 2004)
Breach of fiduciary duty
Watkins v. New Castle County
2004 WL 396296 (D.Del., March 02, 2004)
Land use
Kerr-McGee Chemical, LLC v. Kemira Pigments Oy
2004 U.S. Dist. LEXIS 2751 (Feb. 24, 2004)
Patent
Gotham Partners, L.P. v. Hallwood Realty Partners, L.P.
855 A.2d 1059, 29 Del. J. Corp. L. 226 (Del.Ch., July 08, 2003)
Limited partnership control dispute
Lieberman v. Delaware
2003 U.S. App. LEXIS 14312, C.A. 3 (July 7, 2003)
Civil rights
H-M Wexford LLC v. Encorp, Inc.
832 S.2d 129 (Del.Ch., May 27, 2003)
Breach of duties
Rottlund Homes of New Jersey, Inc. v. Saul, Ewing, Remick & Saul, L.L.P.
243 F.Supp.2d 145 (D.Del., January 30, 2003)
Attorney malpractice
Gotham Partners, L.P. v. Hallwood Realty Partners, L.P.
817 A.2d 160 (Del.Supr., October 11, 2002)
Limited liability breach of fiduciary duty
EBS Litigation LLC v. Barclays Global Investors, N.A.
304 F.3d 302, C.A. 3 (Del., Sept. 18, 2002)
Stockholder dispute
Matter of Pursuit Athletic Footwear, Inc.
193 B.R. 713 (Bkrtcy.D.Del., January 23, 1996)
Contract dispute
In re Buckhead America Corp.
178 B.R. 956 (D.Del., January 28, 1994)
Fraudulent conveyance
W&G Seaford Associates, L.P. v. Eastern Shore Markets, Inc.
714 F.Supp. 1336 (D.Del., June 9, 1989)
Contract dispute
Peninsula Methodist Homes and Hospitals, Inc. v. Architect's Studio, Inc.
1985 WL 634831 (Del.Super., August 28, 1985)
Contract dispute
Chrysler Corp. v. New Castle County
464 A.2d 75 (Del.Super., June 08, 1983)
Contract dispute
Valencia v. Blue Hen Conference
615 F.2d 1355, C.A. 3 (Feb. 29, 1980)
Civil rights claim
Evans v. Buchanan
582 F.2d 750, C.A. 3, (July 24, 1978)
Civil rights claim
Publications
5.16.2012
Confirming a Settlement That Your Client Hates
This article was originally published in the Delaware Business Court Insider | May 16, 2012
05.02.2012
Delaware's Business Courts Seek Comments
This article was originally published in the Delaware Business Court Insider | May 2, 2012
04.04.2012
What to Do When the Injunction Is Denied but the Directors Made a Mistake
This article was originally published in the Delaware Business Court Insider | April 4, 2012
3.7.2012
Delaware Chancery Court Appoints Receiver for LLC
This article was originally published in the Delaware Business Court Insider | March 7, 2012
02.08.2012
Court of Chancery Stays Tag-Along Litigation
This article was originally published in the Delaware Business Court Insider | February 8, 2012
01.11.2012
Delaware Federal District Court Adopts ESI Discovery Guidelines
This article was originally published in the Delaware Business Court Insider | January 11, 2012
12.28.2011
Court of Chancery Circulates Draft Practice Guidelines
This article was originally published in the Delaware Business Court Insider | December 28, 2011
11.16.11
State Courts Continue to Wrestle With Jurisdictional Conflicts
This article was originally published in the Delaware Business Court Insider | November 16, 2011
10.19.11
Why Alternative Entities May Not Protect Investors
This article was originally published in the Delaware Business Court Insider | October 19, 2011
10.12.2011
Traps for the Unwary - The Potential Consequences of Agreements to Negotiate in Good Faith
This article was originally published in the Delaware Business Court Insider | October 12, 2011
10.05.2011
Common Pleas Court's New 'Rocket Docket' May Offer Advantages in Business Litigation
This article was originally published in the Delaware Business Court Insider | October 5, 2011
09.28.2011
Curing Incivility: How and When Should Judges Act?
This article was originally published in Delaware Law Weekly l September 28, 2011
08.31.2011
Superior Court Emphasizes Need for Speed in Litigation
Published in Delaware Law Weekly l August 31, 2011
08.03.2011
Paying for Your Opponent's Lawyer: A Common Dilemma
By Edward M. McNally
This article originally appeared in the Delaware Business Court Insider | August 03, 2011
07.20.2011
Why You Should Care What Law Applies to Your Contract
by Edward M. McNally
This article was originally published in the Delaware Business Court Insider | July 20, 2011
06.29.2011
Will Delaware Survive Without A William In Charge?
This article was originally published in the
Delaware Business Court Insider | June 29, 2011
06.08.2011
Why Do We Care About 'Poison Pills'?
This article was originally published in the
Delaware Business Court Insider | June 08, 2011
05.18.2011
Delaware's Complex Civil Litigation Court: One Year Later
This article was originally published in the
Delaware Business Court Insider | May 18, 2011
04.27.2011
The Song of Preferred Stockholders: 'You Get What You Asked for, Not What You Need'
This article was originally published in the
Delaware Business Court Insider | April 27, 2011.
04.06.2011
Are Directors Vulnerable for Lack of Oversight When a Natural Disaster Strikes?
This article was originally published in the
Delaware Business Court Insider | April 06, 2011
03.16.2011
Do Managers of LLCs Have Any Fiduciary Duties Left?
This article was originally published in the
Delaware Business Court Insider on March 16, 2011
2008 to Present
Delaware Business Litigation Report
A Morris James blog including summaries and analysis of recent Delaware court decisions concerning business-related litigation.
11.01.2007
Supreme Court Rejects Deepening Insolvency Claim
The Delaware Supreme Court recently affirmed a lower court opinion emphatically rejecting the so-called "deepening insolvency" theory as a cause of action under Delaware's corporate jurisprudence.
07.10.2007
Delaware Supreme Court Expands Director Protection
Creditors often file claims against Delaware directors to enforce the fiduciary duties owed to stockholders and the corporate entity when the corporation has become insolvent.
10.01.2004
Short Form Mergers Must Not Be Short on Disclosures
In a string of recent decisions, Delaware courts have permitted a majority stockholder to eliminate minority stockholders through a short form merger without subjecting the transaction to the intrinsic fairness test.
09.20.2004
The Post-Tooley Era: What is a Derivative Claim Under the New Decision?
A breach of fiduciary duty can be asserted as a derivative or direct claim. Since direct claims may be brought by a stockholder as a class action, characterizing a claim as direct is highly desirable for a plaintiff.
09.20.2004
The Delaware Carve Out Remains Live and Well
There continues to be uncertainty over what litigation is preempted by federal law, particularly with respect to litigation brought in Delaware but arising under the law of some other state.
05.01.2004
Good Faith: Not For Your Buddies
What constitutes "good faith" is now the hottest topic in Delaware corporate law. Directors are usually immunized from liability for negligence claims under Delaware's exculpation statute.
03.01.2004
SOX v. DGCL: Round One
Does the Sarbanes-Oxley Act of 2002 ("Sarbox") affect the Delaware General Corporation Law ("DGCL")?