The less than common excuse for a plaintiff not satisfying a required element of a breach of contract claim known as the prevention doctrine was addressed in the recent Delaware Court of Chancery decision styled World Energy, LLC v. Air Products and Chemicals, Inc., C.A. No. 2025-0912-MTZ (Del. Ch. July 6, 2026). The court
Court of Chancery Updates
Chancery Addresses AI Hallucinations in Court Filings
By Francis Pileggi on
Posted in Court of Chancery Updates
A recent Delaware Court of Chancery decision provides a cautionary tale about the issues raised by AI hallucinations in a court filing. In Leiske v. Kidd, C.A. No. 2025-0426-CDW (LWW) (Del. Ch. July 1, 2026), the court addressed a court filing with AI hallucinations and analyzed potential consequences.
Noteworthiness of This Case
This short…
Latest Podcast Episode on Delaware Corporate Litigation
By Francis Pileggi on
Posted in Court of Chancery Updates
Our latest episode of the Delaware Corporate Litigation Insight podcast is now available on Spotify. Our guest for this episode is our partner, Sean Brennecke.
We discuss recent decisions of the Delaware Court of Chancery on dissolution of an LLC; whether Delaware or Texas bylaws apply after the recent domestication of Tesla in Texas…
Chancery’s Deep Doctrinal Dive into the Definition of Voidable v. Void Corporate Acts
By Francis Pileggi on
Posted in Court of Chancery Updates
A recent Delaware Court of Chancery opinion is required reading for those interested in the important distinction between corporate acts that are void as compared to voidable. In a 100-plus page decision in connection with approving a class action settlement and attorneys’ fees, the Court of Chancery engages in a deep doctrinal dive and scholarly…
Chancery Imposes Contempt Penalties for Non-Compliance with Injunction
By Francis Pileggi on
Posted in Court of Chancery Updates
The recent Chancery decision in Global Capital Partners, LLC v. Green Sapphire Holdings, Inc., C.A. No. 2024-0877-JTL (Del. Ch. June 23, 2026), provides the analysis that will be applied to determine whether a party contumaciously failed to comply with a court order such as, for example, an injunction or judgment. Highlights of the…
Chancery Clarifies Nuances of Implied Covenant of Good Faith and Fair Dealing
By Francis Pileggi on
Posted in Court of Chancery Updates
A recent Delaware Court of Chancery decision is required reading for anyone who wants to understand the latest and most scholarly restatement of the nuances of Delaware law on the implied covenant of good faith and fair dealing that I have read in quite some time. In Facilities Holdings, LLC v. ASM Global Parent, LLC…
Chancery Harmonizes Conflicting Forum Selection Clauses
By Francis Pileggi on
Posted in Court of Chancery Updates
A recent Delaware Court of Chancery decision provides noteworthy guidance about how to reconcile conflicting forum selection clauses. In Kelly Roofing Holdings, LLC v. Flores, C.A. No. 2025-1049-BWD (Del. Ch. June 4, 2026), the court provides a wealth of practical analysis in a relatively short opinion that should be required reading for anyone who…
Chancery Provides First Interpretation of Recently Amended DGCL Section 144
By Francis Pileggi on
Posted in Court of Chancery Updates
Rae Ra, a corporate and commercial litigation associate in the Delaware office of Lewis Brisbois, prepared this synopsis.
The Court of Chancery analyzed the newly amended 8 Del. C. § 144(d)(2) for the first time recently, in Patrick Ayers v. Foley, et al., C.A. No. 2025-0650-LWW (Del. Ch. June 15, 2026) (the “Opinion”)…
Court of Chancery Provides Guidance on Enforcement and Modification of Scheduling Orders
By Francis Pileggi on
Posted in Court of Chancery Updates
A recent ruling of the Delaware Court of Chancery addressed the standards for enforcing scheduling orders and explained the circumstances in which they might be modified. In Volt Energy Utility, LLC v. Elliott, C.A. 2024-0385-PAF, Order (Del. Ch. Mar. 4, 2026), the court instructed that: “Scheduling orders are not merely guidelines but have…
Court of Chancery Clarifies Its Equitable Role and Discretion in Determining Post-Judgment Interest
By Francis Pileggi on
Posted in Court of Chancery Updates
This post was prepared by Rae Ra, a corporate and commercial litigation associate in the Delaware office of Lewis Brisbois.
In William J. Brown v. Matterport, Inc., et al., C.A. No. 2021-0595-LWW (Del. Ch. June 1, 2026) (“Letter Decision”), the Court of Chancery addressed on remand the limited issue of determining post-judgment interest in…