For foreign founders building a company with ambitions to raise capital from U.S. investors, the “Delaware flip” has become a familiar part of the startup playbook. The basic idea is straightforward: a founder initially incorporates a company in their home jurisdiction and later creates a Delaware corporation or holding company above the existing business. The Delaware entity becomes the parent, while the original foreign company typically becomes a subsidiary.

For petitioners seeking evidence from the United States for use in litigation or other proceedings abroad, a well-drafted foreign attorney affidavit can be one of the most important (albeit not explicitly required) components of a Section 1782 application. The affidavit gives the U.S. federal court the foreign-law and procedural context it needs to understand why the requested evidence matters, how it will be used, and whether the foreign proceeding is sufficiently concrete t

Private equity-backed companies operate within a distinctive governance environment. Unlike the directors of many publicly traded companies, directors of private equity portfolio companies often work closely with a controlling investor that has a defined investment thesis, a finite investment horizon, and ambitious expectations for growth, operational improvement, and eventual exit.

For a judgment creditor seeking to enforce against assets held through a Delaware limited liability company or partnership, the debtor’s membership or partnership interest can be an important enforcement target. But Delaware's statutory charging-order regime imposes a fundamental limitation: a creditor can reach the debtor's economic interest in the entity, not the underlying assets.