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
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…
Chancery Upholds Tesla’s Texas Bylaw Forum Provisions
A recent Delaware Court of Chancery decision determined that the forum clause in the Tesla bylaws, after its redomestication in Texas, requiring derivative suits to be brought in Texas, would be upheld even though the lawsuits at issue were filed shortly before the Tesla shareholders approved the change and despite the suits being filed when…
Chancery Imposes Attorneys’ Fees for Breach of Confidentiality Order
The Delaware Court of Chancery recently imposed attorneys’ fees in connection with a request for sanctions for violation of a Confidentiality Order in the matter styled Accelerant Twister, LLC v. Marjo, LLC, C.A. No. 2023-0887-LWW (Del. Ch. April 10, 2026).
This short letter ruling followed a prior decision in this case to disqualify…
Practice Tips for Litigation in the Court of Chancery
This post was prepared by Rae Ra, a corporate and commercial litigation associate in the Delaware office of Lewis Brisbois.
On March 27, 2026, members of the Delaware Court of Chancery, the Register in Chancery, and practitioners gathered for a CLE seminar to discuss best practices in the Court of Chancery. Topics ranged widely, from…
Delaware High Court reverses Chancery decision to bar advancement for ERISA fiduciaries
Frank Reynolds, who has been covering Delaware corporate decisions for various national publications for over 40 years, wrote this article.
The full Delaware Supreme Court recently ruled that the federal Employee Retirement Income Act of 1974 does not automatically bar the managers of an investment fund from accessing ERISA assets to defend themselves from state…
What is the Delaware Court of Chancery?
The Federalist Society prepared a video/podcast that explains what the Court of Chancery is, and what it does, and why it may have some outsized influence within the area of its jurisdiction. The link follows:
Chancery Declines to Nullify LLC Certificate of Cancellation
A recent Delaware Court of Chancery decision is notable for addressing the nuances of an analysis about whether a Certificate of Cancellation for an LLC should be nullified, in a post-trial opinion styled: In re Reinz Wisconsin Gasket, LLC, C.A. No. 2022-0859-MTZ (Del. Ch. April 2, 2026).
Background
The background of this case includes…
Chancery Imposes Penalties for Intentional Spoliation Coupled with Forgeries and Lies
A recent Chancery decision is blogworthy due to its analysis of an extreme case of spoliation coupled with other bad faith litigation conduct in NICbyte LLC v. Startop Investments, LLC, C.A. No. 2023-0637-NAC (Del. Ch. April 8, 2026).
Initially, I observe that egregious facts such as those offered in this case shed little light…
Annual National Firearms Law Seminar
I will be one of the speakers in Houston on April 17 at the Annual National Firearms Law Seminar, the largest gathering of Second Amendment attorneys in the country. The seminar provides a unique opportunity for attorneys, judges, FFLs, and others interested in firearms law to discuss recent developments in the law.
The 2026 seminar…