Who knows if any courts in Delaware will follow it, but a New Jersey appellate court, applying Delaware law, found that an attorney was entitled to indemnification by a corporation when acting as an agent of that corporation. Vergopia v. Shaker, download file.
UPDATE: A little more detail may put this case in context. The trial court denied indemnification and the appellate court granted indemnification based on a different reading of the same Delaware case: Fasciana v. Elec. Data Sys. Corp., 829 A.2d 160 (Del. Ch. 2003). In Fasciana, the Chancery Court read Section 145 as not endorsing indemnification of a lawyer whose client/corporation sued him for malpractice, but did allow indemnification to the limited extent that the lawyer was sued for misprepresentations to third parties. This last part of Fasciana was what the New Jersey appellate court relied upon because the New Jersey case involved a lawyer who was sued by an employee of the corporation who joined the lawyer in the suit against the corporation because he allegedly “commented on or played a role in preparing” a press release about the fired employee. The question is if a Delaware court would apply the reasoning of the New Jersey court based on the facts of that case.