As the Editor-in-Chief of the National Law Review‘s publication called the Delaware Corporate and Commercial Law Monitor, I’m pleased to share the latest edition that has now been published. My role for this publication is in addition to my full-time practice and maintaining this blog–now in its 21st year–as well as
Francis Pileggi
Chancery Addresses Claims Based on Overlapping LLC Agreement and Employment Agreement
In a recent Delaware Court of Chancery opinion styled Fairstead Capital Management LLC v. Blodgett, C.A. No. 2022-0673-JTL, (Del. Ch., May 13, 2026), the court addressed claims based on the breach of an LLC agreement and an employment agreement as well as how some provisions of the related agreements overlapped in terms of their…
Chancery Addresses Issue of First Impression Regarding Anti-SLAPP Statute and Contract-Related Claims
A recent Chancery decision in Tesaro, Inc. v. Anaptyseio, Inc., C.A. No. 2025-1357-KSJM (Del. Ch. April 24, 2026), analyzed claims of repudiation or anticipatory breach of a collaboration agreement between two pharmaceutical companies regarding the development of a cancer drug. The court, in an issue of first impression, analyzed Delaware’s recently amended Anti-SLAPP statute which…
Chancery Bars Claim Based on Latches Regarding Price for Redemption of Units
In a mercifully concise decision, the Court of Chancery in Shaw v. MFP Holdings, LLC, C.A. No. 2025-0575-SKR (Del. Ch. April 4, 2026), addressed a claim that a company concealed updated valuation data to depress the valuation price for the redemption of units pursuant to an LLC Agreement. The Honorable Sheldon K. Rennie of the…
Deadlock and Dissolution of LLCs Addressed by Delaware Court of Chancery
These highlights were prepared by Maliheh Zare, a corporate and commercial litigation associate in the Delaware office of Lewis Brisbois.
Vice Chancellor Laster’s recent opinion in In re Dynamk Fund Advisors LLC, No. 2026-0002-JTL, 2026 WL 1416650 (Del. Ch. May 20, 2026), offers several practical insights into the law governing judicial dissolution of…
Is Shareholder Democracy An Illusion?
A short video examines the titular topic in connection with the “leopard paradigm” and the recent proxy proposal by Exxon related to its efforts to change its state of incorporation.
Delaware Court of Chancery Examines Duties of Blockholder Directors
A recent decision from the Delaware Court of Chancery should be in the toolbox of all corporate and commercial litigators. In Guilbeau v. Footprint International Holdco, Inc., C.A. No. 2024-0968-JTL (Del. Ch. April 30, 2026), the court provided a scholarly analysis of the doctrinal and public policy issues surrounding the fiduciary duties of a…
Court of Chancery Publishes Guidelines for Civility and Emphasizes Delaware Tradition of Collegiality and Professionalism
This article was prepared by Francis G.X. Pileggi and Rae Ra of the Delaware office of Lewis Brisbois
Last week, the Delaware Court of Chancery published its Guidelines on Attorney Civility (the “Guidelines”), to emphasize the “inveterate tradition of collegiality that remains a hallmark of the Delaware bar.” Delaware practitioners refer to this as the…
National Law Review’s Delaware Corporate and Commercial Litigation Monitor
As the Editor-in-Chief of the National Law Review‘s publication called the Delaware Corporate and Commercial Law Monitor, I’m pleased to share the latest edition that has now been published. My role for this publication is in addition to my full-time practice and maintaining this blog–now in its 21st year–as well as…
Court of Chancery Invalidates Founder/Executive Chairman’s Unilateral Attempt to Remove the Only Other Members of the Company’s Managing Board
By: Chauna A. Abner*
This article first appeared in a recent issue of the Delaware Business Court Insider, and is reproduced here with their kind permission.
The Delaware Court of Chancery recently confirmed that when an LLC’s operating agreement provides that a managing board will manage the company, absent language to the contrary, all…