Trial Practice: New York Commercial Division vs. Delaware Court of Chancery

Chair of the Olshan litigation practice Lori Marks-Esterman authored an article published in NYSBA Inside entitled “Trial Practice: New York Commercial Division vs. Delaware Court of Chancery." The article discusses the differences and similarities between litigating in New York’s Commercial Division and the Delaware Court of Chancery, each of which are niche forums hearing business disputes. The article analyzes how each of these courts handles the various components of litigation, including expedited proceedings, discovery, summary judgment, and trial practice.  The article also provides insight into the decision-making process the judges undertake in each of these courts, and gives advice as to what types of matters are best suited for each forum.