Chambers USA quotes a client as saying"The firm is comprehensive in its advice and client service, and its awareness of our business goals is exceptional."
The Delaware Counsel Group LLP (“DCG” or the “Firm”) exclusively represents Delaware corporations and alternative entities in complex national and international business transactions and corporate-governance-related issues with a Delaware connection. The Firm is regularly called upon to render Delaware opinions and corporate-governance advice that is relied upon by businesses and regulatory agencies around the world.
DCG is the only option in Delaware, other than the handful of large law firms, that has the sophistication to handle significant legal transactions. The Firm’s clients include Fortune 500 companies, venture capital firms, private equity firms, mutual funds, trust companies, boards of directors and the management of alternative entities.
The Council of the Corporation Law Section of the Delaware State Bar Association, on which Ellisa Habbart sits, releases 2017 proposed amendments to the Delaware General Corporation Law (the “DGCL”). The full text of the proposed amendments can be found...read more
The International Bar Association's March conference, IBA Mergers and Acquisitions in Latin America: New opportunities in a changing scenario, is the largest of the organization's Mergers and Acquisitions Conferences ever held in Latin America. Ms. Habbart will...read more
Ms. Habbart to speak at the International Bar Association’s Mergers and Acquisitions in Latin America conference
In connection with the Delaware Counsel Group's increasing legal presence in Latin America, Ms. Habbart has been asked to speak on two panels at the International Bar Association's Mergers and Acquisitions in Latin America conference, to be held in Buenos Aires, March...read more
Michael S. Swoyer was recently published in the December Edition of the American Bar Association’s Business Law Today. Michael’s article, Don’t Let the Name Fool You: Delaware Statutory Trusts Are Controlled by Contract, is available...read more
A Forum Selection Clause that Identifies Multiple Forums Must Set Forth the Types of Claims that Will be Determined in Each Forum
Merinoff v. Empire Merchants, LLC The Delaware Court of Chancery examined a claim by two former managers of a Delaware LLC for the advancement of their legal expenses. The LLC’s operating agreement contained a mandatory forum-selection clause that provided: [T]he...read more
“Good Faith” is Required Where Action Was “Obviously” Intended to be Conditioned on the “Absence of Bad Faith”
Dieckman v. Regency GP LP, et al. Limited partners of a publicly traded Delaware limited partnership (the “MLP”) claimed that the General Partner (the “GP”) of the MLP failed to satisfy the safe harbors provided in the MLP’s partnership agreement to cleanse a conflict...read more
Frechter v. Zier A corporate bylaw that permitted stockholders to remove directors with or without cause only upon the vote of “not less than 66 and two-thirds percent . . . of voting power of all outstanding shares” of the company was found to be invalid under...read more
The Delaware Court of Chancery reviewed a shareholder’s challenge to a fee-shifting provision found in a forum-selection bylaw that required all internal corporate claims be brought in Delaware…read more
“This small but highly respected boutique focuses exclusively on corporate and alternative entity work. Praised by clients for its warm, inclusive style, the compact team advises clients on a number of both national and international transactions. The international market is of increasing importance to the firm, as it offers advice on Delaware law to foreign companies.” ~CHAMBERS 2013~
The “extremely intelligent” Ellisa Opstbaum Habbart is lauded for “always trying to find the best solution for her client; she doesn’t just take a point to take a point, she gets the big picture.” Able to provide accurate, timely, relevant and strategic advice, she has an excellent listening capacity and is “attentive to her clients’ needs.” ~CHAMBERS 2013~
Clients say: “They are a specialist firm and are good at what they do. They focus on something and do that well.” “I value their size and the fact that they take time to know me as a client.”
According to Chambers, clients say “her responsiveness, pragmatism and practicality really stand out,”and “she is very knowledgeable, her opinions are thorough and accurate, and she is personable and easy to work with.”
This team focuses exclusively on providing advice on Delaware-specific corporate issues and alternative entities to both national and international clients. This, along with its commitment to fostering strong client relationships, has helped it establish a notable reputation. — Chambers USA 2011