The latest episode of the Delaware Corporate Litigation Insights Podcast features M&A deal lawyer Michael Platner, who discusses when deals go bad and the most common provisions of an agreement that are often litigated, such as: earnouts, indemnification, and allegations of misrepresentations. These cases are common fare in the Delaware Court of Chancery and
Corporate Law, Economics, and Theology
Few corporate law scholars have the familiarity with all three of the titular subjects to write about their intersection, and fewer still have written about the overlapping comparisons of all three. But the inestimable Professor Stephen Bainbridge, a favorite of this blog, has contributed to that scholarship in his prior publications. For those interested, we
Podcast on Delaware Contract Law
In an episode of my Delaware Corporate Litigation Insights Podcast, we discuss with Delaware litigator Sean Bellew a recent Delaware Court of Chancery decision that addresses the prevention doctrine in contract law. When properly applied, it may excuse a party’s nonperformance when the other side prevents it from fulfilling its contractual obligations.
It’s only
New Treatise Entitled: “The Business Judgment Rule and Stockholder Derivative Litigation” by Stephen A. Radin.
I was delighted this week to receive a courtesy copy of the newest contribution, in hardback, to corporate law scholarship by Stephen Radin as an update to his iconic four-volume treatise on the Business Judgment Rule. It features a Foreword by former Delaware Chief Justice E. Norman Veasey.
What a challenge to do a short
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 been published. (It was published earlier in the month but paying client work has delayed this post.) The newsletter includes articles from authors around the
Best Lawyers in America
I am pleased to report that I have been selected again to join the ranks of the Best Lawyers in America in commercial litigation and corporate governance for 2027. Over 200 other lawyers in my firm across the country were also selected in various areas of the law. Congratulations to everyone.
New Podcast on AI Hallucinations in Court Filings
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
Prayer and Contract Law
The paper’s most intellectually interesting move is not simply its comparison of prayer with contracts,
Christianity and the Law
The prolific and nationally-recognized corporate law scholar, Prof. Stephen Bainbridge, has collected an anthology of scholarship on the titular topic including law review articles and other publications by numerous authors in addition to himself.
Although the topic may be viewed as esoteric by some, the learned commentary linked above provides practical insights to those who
Delaware Supreme Court Justice Karen Valihura Presents Distinguished Lecture on Charting Delaware’s Course in a New Era
Delaware Supreme Court Justice Karen L. Valihura recently presented the 2026 Weinburg Distinguished Lecture entitled “Legacies, Lessons and Launch Pads: Charting Delaware’s Course in a New Era, now available in an article format.
My own paraphrasing of a few takeaways: (i) the scholarly presentation included references to icons among prior court decisions in