Edward M. McNally
Firm:
Morris James LLP
Phone:302.888.6880
Address: 500 Delaware Avenue, Suite 1500
Wilmington, DE 19801

Membership:
University: Boston College, B.A., 1969, Columbia University Law School, J.D., 1972
Admitted: 1972, Delaware; United States District Court, District of Delaware; U.S. Court of Appeals, Third Circuit; U.S. Supreme Court
Biography: Edward M. McNally has more than 40 years of experience applying Delaware law. He is recognized for his knowledge of Delaware law in Delaware's state and federal courts. Clients have asked Ed to represent them in major litigation in the Delaware courts more than 250 times. Delaware lawyers hire Ed to represent them in their own matters. Ed has represented clients in jury and bench trials in virtually every type of business dispute before the Federal District Court, the Delaware Superior Court, the Delaware Supreme Court, and the Court of Chancery. His representations include major complex commercial litigation cases, contract disputes, corporate control and management issues, shareholder rights, employment and non-compete agreement disputes, and financial transaction matters. He is also an active mediator in business disputes. Since 2005, Chambers USA has highlighted Ed McNally for the quality of his client counseling in Chancery matters. In Chambers USA 2013, market comments include "he "knows what he is doing" and he "has excellent judgment and is well respected. Sources also appreciated his connections and ability to deal with complex cases." Experience • Mergers and other transactions where some directors are alleged to have conflicts of interest • Appraisal actions • Determination of a corporation's officers and directors in corporate control disputes • Breach of contract claims • Civil rights violation claims Professional Affiliations Delaware Voluntary Mediation Act, Principal Drafter Delaware Superior Court Business Courts Committee, Member by Court Appointment Delaware Superior Court Toxic Torts Litigation Committee, Member by Court Appointment Court of Chancery Historical Society, Member by Court Appointment Delaware State Bar Association, Corporation Law Section, Past Chairman and Vice Chairman Lawyers Fund for Client Protection, Past Chairman Richard K. Herrmann Technology Inn of Court American Bar Association, Business Law and Litigation Sections Community Affiliations National Alliance for the Mentally Ill-DE, Past President Town of Elsmere, Town Solicitor Recent Matters Ammermon v. Feingold Control of publicly traded corporation Nicholas v. National Union Insurance coverage dispute Kongsberg v. Teleflex Contract dispute Julian v. Eastern States Const. Service, Inc. Private company stock ownership In re Philadelphia Stock Exchange, Inc. Control battle over PHLX Reserves v. Crystal Properties Attorney's fees Reserves Development LLC v. Severn Sav. Bank, FSB Contract dispute Northern Delaware Aquatic Facilities, Inc. v. Cooch & Taylor Statute of limitations Giles v. Kearney Civil rights Howard Hess Dental Laboratories Inc. v. Dentsply Intern., Inc. Antitrust AT&T Corp. v. Clarendon American Ins. Co. Insurance coverage Ginsburg v. Philadelphia Stock Exchange, Inc. Control of PHLX McKee v. McKee Control of privately held corporation Elsmere Park Club, L.P. v. Town of Elsmere Civil rights AT&T Corp. v. Faraday Capital Ltd. Insurance coverage dispute AT&T Corp. v. Clarendon America Ins. Insurance coverage dispute North American Catholic Educational Programming Foundation, Inc. v. Gheewalla Creditor rights claim In re Fruehauf Trailer Corp. Pension plan Canadian Commercial Workers Industry Pension Plan v. Alden Attorney fee dispute In re Astropower Inc. Securities Litigation Securities litigation Wawa, Inc. v. Government of New Castle County Delaware Land use Black v. Hollinger Intern. Inc. Breach of fiduciary duty claims Cede & Co. v. Joule, Inc. Appraisal action Saito v. McCall Books and records case Hollinger Intern. Inc. v. Black Breach of fiduciary duty Watkins v. New Castle County Land use Kerr-McGee Chemical, LLC v. Kemira Pigments Oy Patent Lieberman v. Delaware Civil rights H-M Wexford LLC v. Encorp, Inc. Breach of contract Rottlund Homes of New Jersey, Inc. v. Saul, Ewing, Remick & Saul, L.L.P. Attorney malpractice Gotham Partners, L.P. v. Hallwood Realty Partners, L.P. Limited liability breach of fiduciary duty EBS Litigation LLC v. Barclays Global Investors, N.A. Stockholder dispute Matter of Pursuit Athletic Footwear, Inc. Contract dispute In re Buckhead America Corp. Fraudulent conveyance W&G Seaford Associates, L.P. v. Eastern Shore Markets, Inc. Contract dispute Peninsula Methodist Homes and Hospitals, Inc. v. Architect's Studio, Inc. Contract dispute Chrysler Corp. v. New Castle County Contract dispute Valencia v. Blue Hen Conference Civil rights claim Evans v. Buchanan Civil rights claim News & Events News & Media Mentions 2015 Super Lawyers® Business Edition Recognizes Four Morris James Litigation Partners November 24, 2015Benchmark Litigation Again Recognizes 7 Morris James Partners October 20, 2015 Benchmark Litigation 2016 Morris James Receives NAMI Delaware's Corporate Partner of the Year Award October 12, 2015 Best Lawyers® 2016 Recognizes 21 Morris James Attorneys August 18, 2015 Two Morris James Partners Published in Metropolitan Corporate Counsel June 9, 2015 Fourteen Morris James Attorneys Recognized in Chambers USA 2015 May 19, 2015 Delaware Super Lawyers® 2015 Recognizes 8 Morris James Attorneys May 15, 2015 Delaware Super Lawyers® 2014 Business Edition Names Six Morris James Partners December 30, 2014 Benchmark Litigation Recognizes Seven Morris James Attorneys as Top Litigators in Delaware December 18, 2014 Morris James Receives Top Legal Rankings in Chambers USA 2014 May 23, 2014 Delaware Super Lawyers® 2014 Recognizes 12 Morris James' Attorneys January 23, 2014 Delaware Super Lawyers® Edward M. McNally Presents "Legal Ethics in Delaware" December 11, 2013 20 Attorneys in 23 Practices Recognized by Best Lawyers® 2014 August 15, 2013 Best Lawyers® 2014 Benchmark Litigation Names 7 Partners Among Top Litigators in Delaware July 11, 2013 Chambers USA Names 13 Morris James Attorneys in Their 2013 Guide to Leading Business Lawyers May 29, 2013 Chambers USA Delaware Super Lawyers® 2013 Recognizes 12 Morris James' Attorneys January 9, 2013 Delaware Super Lawyers® Delaware Super Lawyers® Magazine Has Recognized 7 Morris James' Attorneys As Top Legal Counsel In Delaware December 11, 2012 20 Morris James Attorneys in 23 Practices Selected for Inclusion in Best Lawyers® 2013 August 30, 2012 Benchmark Litigation 2013 Names 7 Morris James Partners Among Top Delaware Litigators July 13, 2012 Delaware Super Lawyers® Recognizes 11 Morris James Attorneys as Top Legal Counsel in Delaware May 18, 2012 Morris James Launches "Delaware Courts Online" - A Guide to Litigation in Delaware's Business Courts September 22, 2011 17 Morris James Attorneys Named in Best Lawyers® 2012 in 20 Practice Areas August 31, 2011 Benchmark Litigation 2012 Names 5 Morris James Partners Among Top "Local Litigation Stars" June 16, 2011 Delaware Super Lawyers® Names 8 Morris James Partners As Top Legal Counsel in Delaware May 31, 2011 17 Morris James Attorneys Selected by Best Lawyers® 2011 August 4, 2010 Benchmark Litigation 2011 Names 5 Morris James Partners Among Top "Local Litigation Stars" August 3, 2010 Delaware Super Lawyers® Names 7 Morris James Partners as Top Legal Counsel in Delaware June 27, 2010 Chambers USA Names 10 Morris James Partners In Their 2010 Guide to Leading Business Lawyers June 16, 2010 Three Morris James Partners Named as National Finalists to the Lawdragon 500 List April 1, 2010 Best Lawyers® Names 15 Morris James Attorneys and Ranks the Firm #1 in Delaware for Education Law and Elder Law October 12, 2009 Benchmark Litigation 2010 Names Morris James Partners Among Top Litigation Practitioners August 17, 2009 Delaware Super Lawyers® Magazine Has Named 7 Morris James Partners As Top Legal Counsel In Delaware June 17, 2009 Chambers USA 2009 Recognizes 8 Morris James Attorneys and 4 Practice Groups June 10, 2009 13 Morris James Partners Named in Best Lawyers® 2009 October 23, 2008 Morris James Partners Recognized in Delaware Super Lawyers® Corporate Counsel Edition January 14, 2008 Eleven Morris James Partners Nominated in Best Lawyers® 2008 December 4, 2007 Six Morris James Attorneys Nominated to Delaware Super Lawyers® June 1, 2007 Six Morris James Attorneys Recognized in Best Lawyers® October 21, 2005 Publications Articles & Publications Are Merger Objection Suits a Dying Breed? October 21, 2015 Delaware Business Court Insider Should Proxy Contests Be Fair? September 9, 2015 Delaware Business Court Insider Delaware Expands Jurisdiction Over Directors July 23, 2015 Delaware Business Court Insider Built for Speed - Delaware streamlines arbitration of business disputes June 9, 2015 Metropolitan Corporate Counsel Court of Chancery Clarifies Creditors' Rights May 13, 2015 Delaware Business Court Insider A Delaware Rapid Arbitration Act Primer April 17, 2015 Delaware Business Court Insider Delaware Adopts Curative Procedures for Invalid Past Corporate Actions February 25, 2015 Delaware Business Court Insider Chancery Court Permits Appraisal Arbitrage January 14, 2015 Delaware Business Court Insider Has the Chancery Court Created a New Tort? December 17, 2014 Delaware Business Court Insider Rural/Metro May Affect Delaware Breach of Fiduciary Duty Litigation November 5, 2014 Delaware Business Court Insider The Dilemma of the Unintended Fiduciary October 8, 2014 Delaware Business Court Insider Will Chancery Court Remedy Your Problems in Another Tribunal? September 3, 2014 Delaware Business Court Insider Modest Reflections on the State of Delaware Litigation July 30, 2014 Delaware Business Court Insider Is the Court of Chancery Reforming Stockholder Litigation? June 25, 2014 Delaware Business Court Insider Will Delaware Still Take Your Case? May 14, 2014 Delaware Business Court Insider Are Noncompete Agreements Only a Click Away? April 16, 2014 Delaware Business Court Insider Delaware Expands Remedies for Former Employee Misconduct March 19, 2014 Delaware Business Court Insider Is Delaware Closing the Door to Foreign Tort Claimants? March 5, 2014 Delaware Business Court Insider Is Delaware Expanding Summary Judgments? February 26, 2014 Delaware Business Court Insider Delaware Expands Insider-Trading Claims February 5, 2014 Delaware Business Court Insider An Evolving Approach to Multijurisdictional Litigation December 11, 2013 Delaware Business Court Insider Must Board Elections Be Fair? November 6, 2013 Delaware Business Court Insider Chancery Closing the Door to Multidistrict Litigation October 9, 2013 Delaware Business Court Insider Watch Out When Waiving Privilege October 2, 2013 Delaware Business Court Insider Are Preferred Stockholders Second-Class Citizens? September 4, 2013 Delaware Business Court Insider Is Duty of Good Faith and Fair Dealing Still Alive in Del.? August 14, 2013 Delaware Business Court Insider Are Appraisal Cases Coming Back? July 17, 2013 Delaware Business Court Insider Good-Faith and Fair-Dealing Claims Get a New Life June 26, 2013 Delaware Business Court Insider Has the Merger Defense to Derivative Litigation Ended? June 12, 2013 Delaware Business Court Insider Is the Court of Chancery Reforming Merger Litigation? May 15, 2013 Delaware Business Court Insider Should Directors Sue Their Company for Its Misdeeds? May 8, 2013 Delaware Business Court Insider When Is Advice of Counsel a Defense You Can Raise, but Not Disclose? April 24, 2013 Delaware Business Court Insider Does Allergan Spell Litigation Relief? April 17, 2013 Delaware Business Court Insider Delaware Expands Stockholders' Right to Sue March 27, 2013 Delaware Business Court Insider Do Directors of Foreign-Based Companies Have Greater Liability Exposure? March 20, 2013 Delaware Business Court Insider What to Expect From Your Delaware Counsel March 6, 2013 Delaware Business Court Insider Contract Precludes Litigation - Almost January 30, 2013 Delaware Business Court Insider Delaware Supreme Court Radically Changes Discovery Scheduling Practice January 9, 2013 Delaware Business Court Insider The Court of Chancery Speaks by Transcript September 12, 2012 Delaware Business Court Insider Is Delaware Poised to Dismiss Premature Litigation? August 29, 2012 Delaware Business Court Insider When May Directors Vote Themselves Bonuses? July 18, 2012 Delaware Business Court Insider Delaware Court of Chancery Sets New Rules for Derivative Claims June 20, 2012 Delaware's Complex Civil Litigation Court: One Year Later May 18, 2012 Delaware Business Court Insider Confirming a Settlement That Your Client Hates May 16, 2012 Delaware Business Court Insider Delaware's Business Courts Seek Comments May 2, 2012 Delaware Business Court Insider What to Do When the Injunction Is Denied but the Directors Made a Mistake April 4, 2012 Delaware Business Court Insider Delaware Chancery Court Appoints Receiver for LLC March 7, 2012 Court of Chancery Stays Tag-Along Litigation February 1, 2012 Delaware Business Court Insider Delaware Federal District Court Adopts ESI Discovery Guidelines January 12, 2012 Delaware Business Court Insider Court of Chancery Circulates Draft Practice Guidelines December 28, 2011 Delaware Business Court Insider State Courts Continue to Wrestle With Jurisdictional Conflicts November 16, 2011 Delaware Business Court Insider Why Alternative Entities May Not Protect Investors October 19, 2011 Delaware Business Court Insider Traps for the Unwary - The Potential Consequences of Agreements to Negotiate in Good Faith October 12, 2011 Delaware Business Court Insider Common Pleas Court's New 'Rocket Docket' May Offer Advantages in Business Litigation October 5, 2011 Delaware Business Court Insider Curing Incivility: How and When Should Judges Act? September 28, 2011 Delaware Law Weekly Superior Court Emphasizes Need for Speed in Litigation August 11, 2011 Paying for Your Opponent's Lawyer: A Common Dilemma August 3, 2011 Delaware Business Court Insider Will Delaware Survive Without A William In Charge? July 29, 2011 Delaware Business Court Insider Why You Should Care What Law Applies to Your Contract July 20, 2011 Delaware Business Court Insider Why Do We Care About 'Poison Pills'? June 8, 2011 Delaware Business Court Insider The Song of Preferred Stockholders: 'You Get What You Asked For, Not What You Need' April 27, 2011 Delaware Business Court Insider Are Directors Vulnerable for Lack of Oversight When a Natural Disaster Strikes? April 6, 2011 Do Managers of LLCs Have Any Fiduciary Duties Left? March 16, 2011 Delaware Business Court Insider Latest Blog Posts Delaware Business Litigation Report Court Of Chancery Explains Investment Banker Conflict Leads To Aiding And Abetting Claim Court Of Chancery Explains How To Interpret A Contract Delaware Supreme Court Resolves KKR-Gantler Confusion Delaware Supreme Court Explains How To Do The Director Interest Test Court Of Chancery Upholds Contribution Claim Court Of Chancery Clarifies Privilege Waiver And Redaction Rules Court Of Chancery Explains When A Dilution Claim Is Direct Court Of Chancery Spells Out Aiding And Abetting Claim Requirements Videos & Podcasts Webcast: A Roadmap to the Delaware Arbitration Act June 25, 2015 Blog(s) Delaware Business Litigation Report Delaware Insurance Law Report Honors Best Lawyers®, 2014 "Lawyer of the Year" for Real Estate Litigation Best Lawyers®,2005-2016 Chambers USA - America's Leading Lawyers for Business, 2005-2015 Delaware Super Lawyers®, 2007-2015 Benchmark Litigation: The Definitive Guide to America's Leading Firms and Attorneys, Litigation Star, 2010-2014 Lawdragon 500, National Finalist, 2010 United States District Court, District of Delaware, Caleb R. Layton III Service Award, 2007 Martindale-Hubbell, AV Rating