Chancery Court Updates

In a short letter ruling, with widespread applicability, the Court of Chancery explained in Paul Elton, LLC v. Rommel Delaware, LLC, et al., C.A. No. 2019-0750-KSJM (Del. Ch. Mar. 16, 2022), that typical indemnification provisions ordinarily:

“are presumed not to require reimbursement for attorneys’ fees incurred as a result of substantive litigation between the

A recent Court of Chancery decision acknowledged the “muddled” status (before this decision) of Delaware case law on the anti-bootstrapping doctrine, which has been covered in several decisions highlighted on these pages. The opinion in Levy Family Investors, LLC v. Oars + Alps, LLC, C.A. No. 2021-0129-JRS, Memo. Op. (Del. Ch. Jan. 27, 2022),

A recent Court of Chancery letter ruling is noteworthy because it granted a motion for reargument.  Over the last 17 years that I have been highlighting cases on this blog, I can count on my fingers the number of motions for reargument that have been granted.  This is one of those rare birdsTygon

A recent Delaware Chancery decision is noteworthy for its application of the Revlon exception to the recent statement of Delaware law in the Rosson case–a Supreme Court opinion[1] declaring that equity-dilution or overpayment claims are derivative, except when there is also a change of control in which event it would be a direct claim. 

A recent Delaware Court of Chancery ruling in Wagner v. Tesla, Inc., C.A. No. 2021-1090-JTL, transcript ruling (Del. Ch. Jan. 19, 2022), has sharpened the “tools at hand” that the Delaware courts have long exhorted corporate litigators to use before filing a plenary lawsuit–namely, DGCL § 220, which is the basis for the right of