Page 22 - Delaware Lawyer - Summer 2023

FEATURE | THE SUPERIOR COURT’S CCLD
case, which in turn enables the judge to render thoughtful and analytically rig- orous decisions throughout the case’s progression. The structure also provides litigants with consistency and predict- ability—characteristics universally ac- cepted as desirable in business litigation.
Of course, the structure’s value can only be fully realized if the individuals serving in their assigned roles as judicial officers excel in those roles. The Court historically has assigned judges to the CCLD who either focused their practice on business litigation or were veteran trial lawyers before taking the Bench. The CCLD judges regularly engage with the national business litigation bar, taking on leadership roles in the ABA Business Law Section and the Ameri- can College of Business Court Judges. They are regarded nationally as experts in complex case management and in the adjudication of a wide range of business disputes and regularly are asked to speak around the country on these topics.
Equally as important as the judges they support, the numerous members of the Superior Court and CCLD staff also excel in their respective functions. From the judges’ assistants, to mem- bers of the Prothonotary’s office, to courtroom personnel, ensuring that the Court provides a low-friction and litigant-friendly environment is a total team effort.
Flexibility and Efficiency
Another key feature of the CCLD is its flexibility in shepherding cases through their life cycles in a way that cuts to the heart of each dispute and en- courages its efficient resolution. While this is due in large part to the judges and staff who serve in the division, several of the Court’s protocols and practices also play a meaningful role. For example, the CCLD’s thorough but no-frills form Case Management Order (CMO) offers substantial flexibility to the parties while also establishing a clear framework for
From left to right: Elena Sassaman of Heyman Enerio Gattuso & Hirzel LLP, Maame Boateng of Potter Anderson & Corroon LLP, Charles Park of Young Conaway Stargatt & Taylor, Alexandra Manolakos of the Delaware Department of Justice
the litigation’s progression and provid- ing a basic structure for what the par- ties can expect from the Court.7 One key expectation incorporated within the CMO is that the parties will meet and confer early in the case’s develop- ment, in advance of the first judicial case management conference, to reach an agreed-upon form of order. Areas of disagreement are typically resolved by defaulting to the Court’s form, which is publicly available.8
Perhaps even more helpful, each of the CCLD judges has created a set of “Civil Case Management Preferences,” also available on the Superior Court’s website.9 These preferences cover meth- ods of communicating with the judge, mechanics of early-stage case manage- ment, specifics on motion practice, de- tails on pre-trial and trial procedures, and helpful references on other topics. By providing precise guidelines and in- structions to practitioners in the Supe- rior Court, and specifically the CCLD, the division’s judges and other Court personnel help maximize clarity and transparency, which in turn enhances efficiency in all areas of litigation.
Ultimately, it is a combination of the
above-described critical components — dedicated and experienced judicial of- ficers, skillful Court staff, and flexible but clear protocols and practices — that makes the CCLD the renowned busi- ness court it has become.
Synergy with the Court of Chancery
A new way in which the CCLD is now able to further complement the Court of Chancery while building on the CCLD judges’ expertise is through the Delaware Supreme Court’s recent standing order making CCLD judges eligible to be designated as Vice Chan- cellors on the Court of Chancery. Spe- cifically, the order permits CCLD judges to sit by designation for the purpose of presiding over cases filed under Section 111 of the Delaware General Corpo- ration Law, which grants the Court of Chancery jurisdiction over cases seek- ing the interpretation of corporate in- struments such as charters, bylaws, and agreements for the sale of stock.10 As the Supreme Court’s order explains, many of the cases filed in Chancery under this provision involve purely legal questions to which the CCLD judges’ expertise is well-suited.11 The cross-designation
20 DELAWARE LAWYER SUMMER 2023