2012 Ruby R. Vale Distinguished Scholar Lecture Looks at Emerging Influence of Delaware Courts Outside of Corporate Law
Web Editor - Published: March 20, 2012
“Delaware judges are highly visible and they are talkative – in a good way,” said prominent merger and acquisition attorney Richard E. Climan during the 2012 Ruby R. Vale Distinguished Scholar Lecture on Friday, March 16th in the Ruby R. Vale Moot Courtroom.

Each year, the Distinguished Scholar Lecture plays an integral part in the Ruby R. Vale Interschool Moot Court Competition. In addition to the lecture, the Distinguished Scholar serves as one of the judges for the final round of the competition.

Following a welcome from Vice Dean J. Patrick Kelly and an introduction from Ruby R. Vale Professor of Corporate Law Lawrence A. Hamermesh, Climan delivered his remarks, titled “The Emerging Influence of Delaware Courts Outside the Realm of Corporate Law.” He explored how the influence of Delaware courts has expanded beyond its traditionally recognized area of expertise in corporate law.

Climan focused his remarks about the expanding influence of Delaware Courts, particularly related to contract law. He cited two particular cases, Abry Partners v. F&W Acquisition LLC, et al. and IBP, Inc. v. Tyson Foods, Inc.

Noting that Delaware judges were respected for their teaching, scholarly reviews, and willingness to talk publicly about the cases they have decided, Climan indicated that they played a key role in expanding the influence of Delaware Courts. He also cited the “Delaware Law Firm Machine” as another factor, indicating that such firms had an impact by quickly disseminating information about important decisions rendered by Delaware Courts.

Mr. Climan closed his remarks by offering a few thoughts about his own law school experience to the students in the audience. “The lawyers we revered were trial lawyers, not deal lawyers,” he said before observing that in the past law schools seemed to point students toward litigation rather than areas such as contracts or corporate law. “I would urge you to consider the advantages of transactional practice,” he concluded.