When considering differences between jurisdictions, it can be hard to appreciate when these differences will matter. To help showcase contrasts between jurisdictions, I’ve decided to launch a comparative series taking decisions from one jurisdiction and considering whether a court would come out differently when applying another state’s law.
As Delaware has the most public companies and its courts issue the most widely discussed decisions, I’m launching this series with a recent Chancery decision, Fishel v. Liberty Media.
Notably, this transaction occurred and the litigation was filed before Delaware passed SB21. If the same facts were to recur in Delaware today, the outcome might differ.
Structure – Review Panel
To make this interesting and provide independent views on how the case might come out under Nevada or Texas law, I’ve given the decision to different practicing lawyers and law professors. I’ve asked them to independently review the decision and give a brief explanation for how they think the decision would come out under their state’s law.
To make the lift easy, I also provided them with an early draft of this post and my quick factual summary of the decision. This also saves time as they don’t need to introduce
