This week, Volume 2, Edition 1 of the National Law Review‘s Delaware Corporate and Commercial Law Monitor was published, beginning its second year. I’m the Editor-in-Chief. It is published monthly and emailed to a select few from the mailing lists the NLR has for their 25 other newsletters, as well as the existing subscribers
21st Annual Review of Key Delaware Corporate and Commercial Decisions
The 21st edition of Francis Pileggi’s annual list of key corporate and commercial decisions of the Delaware Supreme Court and the Delaware Court of Chancery has been published by The National Law Review. This year’s list does not attempt to include all important decisions of those courts that were rendered in 2025, and eschews
Chancery Rules advancement duty to ex-exec continues despite complaint changes
Frank Reynolds, who has been covering Delaware corporate decisions for various national publications for over 40 years, prepared this article.
The Court of Chancery recently ruled that Genesis CMG Holdings LLC cannot cosmetically re-word its non-compete violation charges against an ex-director/officer of the direct advertiser to avoid its obligation to advance funds for his defense
Delaware Supreme Court Reinstates Musk’s Tesla Compensation Package
The Delaware Supreme Court recently reinstated the compensation package that Tesla awarded to Elon Musk and that the Delaware Court of Chancery invalidated in two separate prior rulings, in the matter styled In re Tesla, Inc. Derivative Litigation, Del. Supr., No. 534, 2024 (Dec.19,2025). As one might expect, commentary about this ruling has already
Chancery Strikes Affirmative Defense of Fraudulent Inducement
A recent decision from the Delaware Court of Chancery is a gem of a pithy ruling that is chock-full of practical principles. The elements of a claim for fraud, which is the same in Delaware as fraudulent inducement, may be basic, but this letter ruling provides a useful restatement of the law.
In iSense, LLC
Chancery bars derivative suit against officer found liable for harassment by NY court
Frank Reynolds, who has been covering Delaware corporate decisions for various national publications for over 40 years, prepared this article.
The Delaware Court of Chancery recently barred Credit Glory Inc.‘s president from bringing breach of fiduciary duty claims against an ex-officer/director of their credit aid company based on the same ‘” abhorrent” sexual harassment conduct
District of Delaware Addresses Statute that Allows U.S. Courts to Order Discovery in Aid of Foreign Litigation
A recent decision of the U.S. District Court for the District of Delaware addressed a federal statute that allows, under certain circumstances, discovery in a U.S. federal court to aid a lawsuit pending in another country, in the matter styled: In re Application of Vestolit GmbH and Celanese Europe B.V., Misc. No. 24-cv-1401-CFC
Chancery Finds Waiver of Privilege Despite Inadvertent Disclosure
In a recent letter ruling in an LLC books and records action, the Court of Chancery, in a Magistrate’s letter ruling, found that privilege was waived despite the inadvertent disclosure of those privileged communications. Straub v. Persolve, LLC, C.A. No. 2025-0636-DH (Del. Ch. Oct. 8, 2025).
The reasoning for the result was intertwined with
Chancery Determines Proper Board Membership in the Context of Company Counsel Playing Key Role in Attempted Ouster
A recent Delaware Court of Chancery decision is noteworthy for several key principles applied to a set of facts that involve company counsel using corporate machinery and corporate funds to join with a faction of the board to oust a board member. Dalby v. Kastner, C.A. No. 2025-0136-NAC (Del. Ch. Aug. 29, 2025), is
Chancery Imposes Fees for Lack of Candor Causing Discovery Abuses—A Cautionary Tale
A recent Delaware Court of Chancery decision explained why a lack of candor resulted in discovery abuses that justified fee-shifting. In Legent Group, LLC v. Axos Financial, Inc., C.A. No. 2020-0405-KSJM (Del. Ch. Nov. 7, 2025), the court explained the factual basis for its findings that the lack of candor created unnecessary expenses, requiring