The Delaware Court of Chancery explained the reasoning for a specific award of attorneys’ fees based on a post-trial decision earlier this year, highlighted on these pages, that discussed the basis for awarding fees in a case involving breach of fiduciary duty, breach of a restrictive covenant, and related breaches. Arxada Holdings NA Inc. v.
Court of Chancery Updates
Advancement Right Barred by Unclean Hands
By Francis Pileggi on
Posted in Court of Chancery Updates
Contract-based rights to advancement of an LLC’s general counsel, that would otherwise have been honored, were denied based on the equitable doctrine of unclean hands, in a recent Delaware Court of Chancery opinion styled In Re Care One LLC Advancement Litigation, C.A. Cons. No. 2025-1286-NAC (Del. Ch. Sept. 24, 2026).
Basic Factual Background
Although…
Chancery Awards Damages for Spoliation
By Francis Pileggi on
Posted in Court of Chancery Updates
In a short post-trial letter ruling, the Court of Chancery awarded damages for spoliation of evidence in ATG Capital Opportunity Funds LP v. Lane, C.A. No. 2026-0477-LWW (Del. Ch. Sept. 2, 2026). The record showed that a principal of plaintiff ATG failed to preserve relevant data on his mobile device. The prior post-trial decision…
Chancery: Allegedly Excessive Fees Not Defense to Nonpayment of Advancement
By Francis Pileggi on
Posted in Court of Chancery Updates
This overview was prepared by Rae Ra, a corporate litigation associate in the Delaware office of Lewis Brisbois.
The Court of Chancery recently emphasized again the plaintiff-friendly standard for advancement, rejecting JP Morgan’s objections to approximately $21 million in disputed fees and expenses.
Chancery Distinguishes Between Corporate and LLC Executive Roles as Basis for Personal Jurisdiction
By Francis Pileggi on
Posted in Court of Chancery Updates
This post is by Aimee M. Czachorowski, a partner in the Delaware office of Lewis Brisbois Bisgaard & Smith LLP.
In Altigen Communications, Inc. v. Day, C.A. No. 2025-1298-JTL (Del. Ch., August 21, 2026), the Court of Chancery provided an in-depth explanation of the basis for imposing personal jurisdiction pursuant to the Delaware Corporate…
New Podcast on AI Hallucinations in Court Filings
By Francis Pileggi on
Posted in Commentary, Court of Chancery Updates
In the latest episode of my Delaware Corporate Litigation Insights podcast, I am joined by K&L Gates litigation partner Steven Caponi to examine a recent Delaware Court of Chancery decision involving fabricated quotations generated through the use of AI in a court filing.
The Delaware Court of Chancery’s recent published decision where the issue…
Chancery Explains 21 Reasons Why an LLC Is Not Purely a Creature of Contract
By Francis Pileggi on
Posted in Court of Chancery Updates
A recent Delaware Court of Chancery decision identified more than 21 reasons why an LLC is not purely a creature of contract. Hassanein v. NTO Fund I, LLC, C.A. No. 2025-0299-DH (JTL) (Del. Ch. August 4, 2026), is noteworthy for several reasons.
It should be included in the pantheon of iconic and consequential Delaware…
Chancery Allows Counter-Counterclaims
By Francis Pileggi on
Posted in Court of Chancery Updates
A recent Delaware Court of Chancery decision is noteworthy for allowing an unusual procedural vehicle as a reply to counterclaims, as well as featuring an unusual initial retort to the counter-counterclaims, in the context of an intricate series of claims between and among parties involved in a dispute about the ouster an initial investor of…
Latest Episode of Delaware Corporate and Commercial Litigation Insights Podcast
By Francis Pileggi on
Posted in Court of Chancery Updates
In Episode 3 of the Delaware Corporate Litigation Insights Podcast, hosts Francis Pileggi & Chauna Abner are joined by Lewis Brisbois partner Aimee Czachorowski to examine three recent Delaware Court of Chancery decisions that every corporate litigator should have on their radar. The trio explore how Delaware courts are approaching forum selection clauses in…
Chancery Awards Fees for Pre-Litigation Errant Conduct
By Francis Pileggi on
Posted in Court of Chancery Updates
Two recent Delaware Court of Chancery decisions awarded fees for errant pre-litigation conduct which makes then noteworthy for that point alone, although there is much else to commend them. In the matter styled Ramadurgam v. Destiny XYZ Inc., C.A. No. 2024-0057-PAF (Del. Ch. July 23, 2026), the court awarded fees for pre-litigation conduct…