Publications

  • William D. Johnston, "Report: 2018 Mid-Year Meeting of the ABA House of Delegates," The Journal, Volume 41, Number 8 (Delaware State Bar Association) (Mar. 2018)
  • William D. Johnston, "Report: 2017 Annual Meeting of the ABA House of Delegates," The Journal, Volume 41, Number 2 (Delaware State Bar Association) (Sept. 2017)
  • William D. Johnston, "Report: 2017 Mid-Year Meeting of the ABA House of Delegates," The Journal, Volume 40, Number 8 (Delaware State Bar Association) (Mar. 2017)
  • William D. Johnston, "The Advantages of Mediating Fiduciary Duty and Other Business Governance Disputes," Alternatives to the High Cost of Litigation, Volume 34, Number 10 (International Institute for Conflict Prevention and Resolution) (Nov. 2016)
  • William D. Johnston, "Report: 2016 Annual Meeting of the ABA House of Delegates," The Journal, Volume 40, Number 2 (Delaware State Bar Association) (Sept. 2016)
  • William D. Johnston, "Report: 2016 Mid-Year Meeting of the ABA House of Delegates," The Journal, Volume 39, Number 8 (Delaware State Bar Association) (Mar. 2016)
  • William D. Johnston, "Report: 2015 Annual Meeting of the ABA House of Delegates," The Journal, Volume 39, Number 2 (Delaware State Bar Association) (Sept. 2015)
  • William D. Johnston, "Report: 2015 Mid-Year Meeting of the ABA House of Delegates," The Journal, Volume 38, Number 8 (Delaware State Bar Association) (Mar. 2015)
  • William D. Johnston, et al., Indemnification and Insurance for Directors and Officers, 54-3rd Corporate Practice Portfolio Series (BNA)
  • William D. Johnston, "Report: 2014 Annual Meeting of the ABA House of Delegates," The Journal, Volume 38, Number 2 (Delaware State Bar Association) (Sept. 2014)
  • William D. Johnston, "Report: 2014 Mid-Year Meeting of the ABA House of Delegates," The Journal, Volume 37, Number 8 (Delaware State Bar Association) (Mar. 2014)
  • William D. Johnston, Examination of the Financial Expert Witness at Trial: Some Nuts and Bolts - Delaware Law and Practice, presented at the Fall Meeting of the ABA Section of Business Law (Nov. 22, 2013)
  • William D. Johnston, “Report: Annual Meeting of the ABA House of Delegates,” The Journal, Volume 37, Number 2 (Delaware State Bar Association) (September 2013 on-line issue)
  • William D. Johnston, “Penn and Lord Baltimore Battle for Delaware,” Judicature, Volume 97, Number 1 (American Judicature Society) (July-August 2013)
  • William D. Johnston, "New Scout Proposal Isn't Equal Enough," Letter to the Editor, The News Journal (April 24, 2013)
  • William D. Johnston, “Report: Mid-year Meeting of the ABA House of Delegates,” The Journal, Volume 36, Number 8 (Delaware State Bar Association) (Mar. 2013)
  • William D. Johnston, "Report on the 2012 Annual Meeting of the ABA House of Delegates, and Remembering Bruce M. Stargatt," The Journal, Volume 36, Number 2 (Delaware State Bar Association)(Sept. 2012)
  • William D. Johnston, “Report: Mid-year Meeting of the ABA House of Delegates,” The Journal, Volume 35, Number 8 (Delaware State Bar Association) (Mar. 2012)
  • William D. Johnston, Introduction to “Our Mini-theme: A Preview of the Forthcoming Annual Review, Business Law Today (Section of Business Law of the American Bar Association) (Jan. 2012 on-line issue)
  • William D. Johnston, “Flexibility Under Delaware Law In Drafting Advancement Provisions On A ‘Clear Day,’ And Potential Surprises For Those Who Do Not Take Advantage Of That Flexibility,” Delaware Law Review, Volume 13, Number 1 (2011)
  • William D. Johnston, “Delaware Courts Expert At Handling Foreign Law,” Delaware Business Court Insider (Legal Intelligencer, American Lawyer Media Dec. 21, 2011)
  • William D. Johnston, “Opportunities to ‘Give. Advocate. Volunteer’ Continue to Abound for DSBA Members Through United Way of Delaware,” The Journal, Volume 35, Number 5 (Delaware State Bar Association) (Dec. 2011)
  • William D. Johnston, “Report: Annual Meeting of the ABA House of Delegates,” The Journal, Volume 35, Number 2 (Delaware State Bar Association) (Sept. 2011)
  • William D. Johnston, “President’s Report: The ‘State of the Society’ and Our Thanks to Dave Richert,” Judicature, Volume 94, Number 6 (American Judicature Society) (May-June, 2011)
  • William D. Johnston, “President’s Report: AJS Membership Has Its Privileges (and Its Responsibilities and Opportunities),” Judicature, Volume 94, Number 5 (American Judicature Society) (Mar.-April 2011)
  • William D. Johnston, "Report:  Results of the Midyear Meeting of the ABA House of Delegates," The Journal, Volume 34, Number 8 (Delaware State Bar Association) (Mar. 2011)
  • William D. Johnston, "President's Report:  Incivility is Eroding Our Justice System and the Rule of Law," Judicature, Volume 94, Number 4 (American Judicature Society) (Jan.-Feb. 2011)
  • William D. Johnston, "President's Report:  Lessons Learned From the Mid-term Judicial Elections, and Fondly Remembering Dick Perrault and Al Sobel," Judicature, Volume 94, Number 3 (American Judicature Society) (Nov.-Dec. 2010)
  • William D. Johnston, "Delaware Supreme Court, Delaware State Bar Association and American Judicature Society to Co-Sponsor November 12th 'Celebration of Judicial Merit Selection in Delaware'," The Journal, Volume 34, Number 3 (Delaware State Bar Association) (Oct. 2010)
  • William D. Johnston, "Report: The 2010 Annual Meeting of the ABA House of Delegates," The Journal, Volume 34, Number 2 (Delaware State Bar Association) (Sept. 2010)
  • William D. Johnston, "President's Report: Celebrating AJS as a Membership Organization," Judicature, Volume 94, Number 2 (American Judicature Society) (Sept.-Oct. 2010)
  • William D. Johnston, "Report on the Mid-Year Meeting of the ABA House of Delegates," The Journal, Volume 33, Number 8 (Delaware State Bar Association) (Mar. 2010)
  • William D. Johnston, Michael R. Nestor, and Kristen Salvatore DePalma, "Bankruptcy: The Game-Changer for Directors & Officers Who May Face Claims by Shareholders or Others," Securities Litigation Report, Vol. 7, Issue 1 (December 2009/January 2010)
  • William D. Johnston, “Report on the Annual Meeting of the ABA House of Delegates,” In Re:, Volume 33, Number 2 (Delaware State Bar Association) (Sept. 2009)
  • William D. Johnston, “Report on the Mid-Year Meeting of the ABA House of Delegates,” In Re:, Volume 32, Number 8 (Delaware State Bar Association) (Mar. 2009)
  • William D. Johnston, “Delaware Court of Chancery Decisions Highlight Importance of Paying Close Attention to Advancement Language,” Securities Litigation Report, Vol. 6, Issue 1 (January 2009)
  • William D. Johnston and Adam L. Balick, “A Balanced Approach to the Protection of Managers of Healthcare Organizations: A Practitioners Guide,” Member Briefing issued by the Business Law and Governance Practice Group of the American Health Lawyers Association (Oct. 2008)
  • William D. Johnston, “Delaware Supreme Court Responds to SEC’s first Certified Questions of Law,” Atlantic Coast In-House, Vol. 5, No. 6 (Lawyers Weekly, Inc. Sept. 2008)
  • William D. Johnston, “Enhanced Mediation Opportunities in Delaware,” Atlantic Coast In-House, Vol. 5, No. 4 (Lawyers Weekly, Inc. May 2008)
  • William D. Johnston, “Report on the Mid-Year Meeting of the ABA House of Delegates,” In Re:, Volume 31, Number 8 (Delaware State Bar Association) (Mar. 2008)
  • William D. Johnston, “Del. Ruling Highlights Importance Of Paying Close Attention to Language of Bylaws,” Atlantic Coast In-House, Vol. 5, No. 3 (Lawyers Weekly, Inc. Mar. 2008)
  • William D. Johnston, “A Timeless History,” a review of Middle Temple Lawyers and the American Revolution, appearing in Judicature, Vol. 91, No. 4 (American Judicature Society January-February 2008)
  • William D. Johnston, “Ruling: Bylaws Can Condition Advancement Of Legal Fees,” Atlantic Coast In-House, Vol. 5, No. 2 (Lawyers Weekly, Inc. Jan. 2008)
  • William D. Johnston, “A Timeless History,” a review of Middle Temple Lawyers and the American Revolution, appearing in The Bencher (American Inns of Court November/December 2007)
  • William D. Johnston, “Delaware Bankruptcy Court Ruling Highlights Importance Of State Law Advancement Rights,” Atlantic Coast In-House, Vol. 4, No. 5 (Lawyers Weekly, Inc. Oct. 2007)
  • William D. Johnston, “Report on the Recent ABA Annual Meeting in San Francisco,” In Re:, Volume 31, Number 2 (Delaware State Bar Association) (Sept. 2007)
  • William D. Johnston, “SEC’s New Ability to Certify Law Questions to Delaware Sup. Ct.: Will It Happen?, Atlantic Coast In-House, Vol. 4, No. 4 (Lawyers Weekly, Inc. July 2007)
  • William D. Johnston, “Reflections of a New Member of the ABA House of Delegates,” In Re: Volume 30, Number 9 (Delaware State Bar Association) (April 2007)
  • William D. Johnston, “Rulings Question Legitimacy of ‘Backdating’ and ‘Springloading’ Stock Options, Atlantic Coast In-House, Vol. 4, No. 3 (Lawyers Weekly, Inc. April 2007)
  • William D. Johnston, “Delaware Supreme Court Clarifies ‘Duty of Good Faith’ But Leaves Important Questions Unanswered,” Atlantic Coast In-House, Vol. 4, No. 2 (Lawyers Weekly, Inc. Jan. 2007)
  • William D. Johnston, “DuPont’s Legal Department Partners With Others On Innovative ‘Diversity Pipeline’ Program,” Atlantic Coast In-House, Vol. 4, No. 1 (Lawyers Weekly, Inc. October 2006)
  • William D. Johnston, “KPMG Ruling Calls Into Question Thompson Memo Footnote On Payment Of Attorneys’ Fees,” Atlantic Coast In-House, Vol. 3, No. 4 (Lawyers Weekly, Inc. July 2006)
  • William D. Johnston, “An Unmistakable Message From Delaware’s Courts: ‘Mandatory’ Means ‘Mandatory’ In Advancing Defense Expenses,” Atlantic Coast In-House, Vol. 3, No. 3 (Lawyers Weekly, Inc. Apr. 2006)
  • William D. Johnston, “A Trap For The Unwary: ‘Fiduciary’ Duties of Directors to Creditors,” Atlantic Coast In-House, Vol. 2, No. 4 (Lawyers Weekly, Inc. July 2005)
  • William D. Johnston, “Director and Officer Liability: Shifting Sands?,” Atlantic Coast In-House, Vol. 2, No. 3 (Lawyers Weekly, Inc. Apr. 2005)
  • William D. Johnston and Dawn M. Jones, Director Liability and Indemnification: Review of 2004 Developments in Business and Corporate Litigation, presented at the Meeting of the ABA Section of Business Law (Mar. 31, 2005)
  • William D. Johnston, “ ‘Creeping’ Federalization of Corporate Governance: Good Idea Or Unwelcome Intrusion?,” Atlantic Coast In-House, Vol. 2, No. 2 (Lawyers Weekly, Inc. Jan. 2005)
  • William D. Johnston, “Recent Delaware Decisions Reinforce Importance of Balanced Protection for Directors and Officers,” Atlantic Coast In-House, Vol. 2, No. 1 (Lawyers Weekly, Inc. Oct. 2004)
  • William D. Johnston and Janet R. McFadden, "Balanced Protection of Directors and Officers: Now More Important Than Ever," Network, Vol. 12, Issue 3 (ABA Business and Corporate Litigation Committee Summer 2004)
  • William D. Johnston and Dawn M. Jones, Update: Limitation of Director Liability, Advancement and Indemnification, presented at the Meeting of the Indemnification and Insurance Subcommittee of the Business and Corporate Litigation Committee of the ABA Section of Business Law (Aug. 8, 2004)
  • William D. Johnston, "Pro Bono Opportunities Abound For Corporate Counsel," Atlantic Coast In-House, Vol. 1, No. 4 (Lawyers Weekly, Inc. July 2004)
  • William D. Johnston, "Delaware's Chief Justice Assesses Director Duties in New Corporate Environment," Atlantic Coast In-House, Vol. 1, No. 3 (Lawyers Weekly, Inc. Apr. 2004)
  • William D. Johnston, Update -- Limitation of Director Liability and Advancement and Indemnification, presented at the Meeting of the Indemnification and Insurance Subcommittee of the Business and Corporate Litigation Committee of the ABA Section of Business Law (April 2, 2004)
  • William D. Johnston and Dawn M. Jones, Director Liability and Indemnification: Review of 2003 Developments in Business and Corporate Litigation, presented at the Meeting of the ABA Section of Business Law (April 1, 2004)
  • William D. Johnston, “Fair Indemnification And Advancement Clauses For Directors And Officers Require Careful Drafting,” Atlantic Coast In-House, Vol. 1, No. 2 (Lawyers Weekly, Inc. Jan. 2004)
  • William D. Johnston, “Scope of Protection Against Director And Officer Liability In Flux,” Atlantic Coast In-House, Vol. 1, No. 1 (Lawyers Weekly, Inc. Oct. 2003)
  • William D. Johnston and Dawn M. Jones, Director Liability and Indemnification: Review of 2002 Developments in Business and Corporate Litigation, presented at the Meeting of the ABA Section of Business Law (April 3-6, 2003)
  • William D. Johnston, Michael L. Gassmann, and Janet McFadden, “Update on Director Liability, Advancement and Indemnification, and D&O Insurance Developments: The Need for Balanced Protection, to the Benefit of All,” Network, Vol. 10, Issue 4 (ABA Business and Corporate Litigation Committee Winter 2002-03)
  • William D. Johnston, President’s Corner: “With Thanks,” In Re:, Vol. 25, Number 11 (Delaware State Bar Association June 2002)
  • William D. Johnston, President’s Corner: “Law-related Education Of The Public: To Everyone’s Benefit,” In Re: Vol. 25, Number 10 (Delaware State Bar Association May, 2002)
  • William D. Johnston and John J. Paschetto, Director Liability and Indemnification: Review of 2001 Developments in Business and Corporate Litigation, presented at the Meeting of the ABA Section of Business Law (April 3-6, 2002)
  • William D. Johnston, President’s Corner: “Spring: A Time To Take A Fresh Look,” In Re:, Vol. 25, Number 9 (Delaware State Bar Association April 2002)
  • William D. Johnston, President’s Corner: “The Delaware Bar: No Competition,” In Re:, Vol. 25, Number 8 (Delaware State Bar Association Mar. 2002)
  • William D. Johnston, President’s Corner: “Black History Month: Remembering The Good Times, And The Bad,” In Re:, Vol. 25, Number 7 (Delaware State Bar Association Feb. 2002)
  • William D. Johnston, “Extend the Umbrella,” News Journal (Jan. 27, 2002)
  • William D. Johnston, President’s Corner: “Equal Treatment Under The Law -- Long Overdue,” In Re:, Vol. 25, Number 6 (Delaware State Bar Association Jan. 2002)
  • William D. Johnston, President’s Corner: “A Time For Giving And For Receiving,” In Re:, Vol. 25, Number 5 (Delaware State Bar Association Dec. 2001)
  • William D. Johnston, President’s Corner: “Strength In Diversity,” In Re:, Vol. 25, Number 4 (Delaware State Bar Association Nov. 2001)
  • William D. Johnston, President’s Corner: “We Stand United,” In Re:, Vol. 25, Number 3 (Delaware State Bar Association Oct. 2001)
  • William D. Johnston, President’s Corner: “How Are We Doing?,” In Re:, Vol. 25, Number 2 (Delaware State Bar Association Sept. 2001)
  • William D. Johnston, President’s Corner: “It’s All About Service,” In Re:, Vol. 25 Number 1 (Delaware State Bar Association July/August 2001) (available at dsba.org)
  • William D. Johnston and John J. Paschetto, Update -- Limitation of Director Liability and Advancement and Indemnification, presented at the Meeting of the Indemnification and Insurance Subcommittee of the Business and Corporate Litigation Committee of the ABA Section of Business Law (March 22-25, 2001)
  • William D. Johnston and John J. Paschetto, Director Liability and Indemnification: Review of 2000 Developments in Business and Corporate Litigation, presented at the Meeting of the ABA Section of Business Law (March 22-25, 2001)
  • William D. Johnston and John J. Paschetto, Update -- Limitation of Director Liability and Advancement and Indemnification, presented at the Meeting of the Indemnification and Insurance Subcommittee of the Business and Corporate Litigation Committee of the ABA Section of Business Law (July 9, 2000)
  • William D. Johnston and John J. Paschetto, Update -- Limitation of Director Liability and Advancement and Indemnification, presented at the Meeting of the Indemnification and Insurance Subcommittee of the Business and Corporate Litigation Committee of the ABA Section of Business Law (March 25, 2000)
  • William D. Johnston and John J. Paschetto, Director Liability and Indemnification: Review of 1999 Developments in Business and Corporate Litigation, presented at the Meeting of the ABA Section of Business Law (March 23-26, 2000)
  • James L. Patton, William D. Johnston, Danielle Gibbs, and Matthew G. Zaleski, III, Dancing with Scylla and Charybdis: The Tough Job of Directors of a Troubled Company, presented at the Meeting of the ABA Section of Business Law (March 23-26, 2000)
  • William D. Johnston, Summary of the Law Relating to Limitation of Liability, Advancement and Indemnification Issues Raised In: “CRISIS! Governance and Indemnification Perspectives in Parallel Criminal and Civil Litigation” presented at the Meeting of the Business and Corporate Litigation Committee of the ABA Section of Business Law (December 3, 1999)
  • William D. Johnston and James P. Hughes, Jr. -- Update -- Limitation of Director Liability and Advancement and Indemnification, presented at the Meeting of the Indemnification and Insurance Subcommittee of the Business and Corporate Litigation Committee of the ABA Section of Business Law (August 8, 1999)
  • William D. Johnston and James P. Hughes, Jr. -- Update -- Limitation of Director Liability and Advancement and Indemnification, presented at the Meeting of the Indemnification and Insurance Subcommittee of the Business and Corporate Litigation Committee, ABA Section of Business Law (April 17, 1999)
  • William D. Johnston and James P. Hughes, Jr. -- Director Liability and Indemnification: Review of 1998 Developments, presented at the Meeting of the ABA Section of Business Law (April 14, 1999)
  • William D. Johnston and James P. Hughes, Jr. -- Update -- Limitation of Director Liability and Advancement and Indemnification, presented at the Meeting of the Indemnification and Insurance Subcommittee of the Business and Corporate Litigation Committee of the ABA Section of Business Law (August 2, 1998)
  • William D. Johnston and John W. Shaw -- Electronic Discovery -- The Pros and Cons, presented at the Meeting of the ABA Section of Business Law (April 1, 1998)
  • William D. Johnston and James P. Hughes, Jr. -- Director Liability and Indemnification: Review of 1997 Developments, presented at the Meeting of the ABA Section of Business Law (April 1, 1998)
  • William D. Johnston and John W. Shaw -- Electronic Discovery -- Defense’s View: Delaware Cases, presented at the Electronic Data Discovery Seminar of the Corporate Counsel Section of the Delaware State Bar Association (November 5, 1997)
  • William D. Johnston and James P. Hughes, Jr., Update -- Limitation of Director Liability and Advancement and Indemnification, presented at the Meeting of the Indemnification and Insurance Subcommittee of the Business and Corporate Litigation Committee of the ABA Section of Business Law (August 4, 1997)
  • William D. Johnston and James P. Hughes, Jr., Update -- Limitation of Director Liability and Advancement and Indemnification, presented at the Meeting of the Indemnification and Insurance Subcommittee of the Business and Corporate Litigation Committee of the ABA Section of Business Law (April 3, 1997)
  • William D. Johnston and James P. Hughes, Jr., Update --Limitation of Director Liability and Advancement and Indemnification, presented at the Meeting of the Indemnification and Insurance Subcommittee of the Business and Corporate Litigation Committee of the ABA Section of Business Law (August 2-6, 1996)
  • William D. Johnston and James P. Hughes, Jr., Update --Limitation of Director Liability and Advancement and Indemnification, presented at the Meeting of the Indemnification and Insurance Subcommittee of the Business and Corporate Litigation Committee of the ABA Section of Business Law (March 28, 1996)
  • William D. Johnston, Transfer of Domicile To Delaware by Non-U.S. Corporations, The Professionals’ Guide To Investment In The USA, at 142 (1993)
  • David C. McBride, Josy W. Ingersoll and William D. Johnston, Corporate Law Seminar, prepared for and presented to a Delegation of the Supreme Soviet (February 21, 1992)
  • Josy W. Ingersoll and William D. Johnston, Business Strategy Protection a/k/a “The   White Knight Privilege” -- When A Confidentiality Order Is Not Enough, presented in connection with the Delaware Bench and Bar Conference (June 1989)
  • William D. Johnston, United States Supreme Court Limits Recovery of Expert Witness
  • Fees to $30 per Day in Potentially Far-Reaching Decision, In Re: (newsletter of the Delaware State Bar Association), at 1 (November 1987)
  • Note, Double Jeopardy: Standard for Representation After Mistrial on Defendant’s Motion, 39 Wash. & Lee L. Rev. 581 (1982)
  • Note, Rule 60(b)(6), 39 Wash. & Lee L. Rev. 513 (1982)