Delaware Supreme Court Updates

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The Delaware Supreme Court recently interpreted issues regarding the enforcement of Delaware state securities laws in Swan Energy, Inc. v. Investor Protection Unit, No. N24C-03-071 (Del. Supr., July 16, 2026). Delaware’s high court distinguished a U.S. Supreme Court decision regarding the availability of jury trials and determined based on the specific facts, claims and…

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…

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…

Frank Reynolds, who has been covering Delaware corporate decisions for various national publications for over 40 years, prepared this article.

The majority of a divided Delaware Supreme Court recently affirmed a Chancery decision holding that reliance on post-demand, confidentially sourced news stories of alleged director wrongdoing could be a “credible basis” for an investor’s books-and-records…

Frank Reynolds, who has been covering Delaware corporate decisions for various national publications for over 40 years, prepared this article.

 A  Delaware Supreme Court panel recently upheld the Court of Chancery’s decision that breach-of-good-faith and conflict-of-interest claims that arose from a post-closing merger earnout dispute after the acquisition of online video game developer Kixeye were…

Frank Reynolds, who has been covering Delaware corporate decisions for various national publications for over 40 years, prepared this article.

The full Delaware Supreme Court recently issued a guidepost decision that found a challenge by Moelis & Company investors of the investment bank’s 2014 stockholder agreement—after a delay of nine years—was barred by a laches…

The Delaware Supreme Court recently reinstated the compensation package that Tesla awarded to Elon Musk and that the Delaware Court of Chancery invalidated in two separate prior rulings, in the matter styled In re Tesla, Inc. Derivative Litigation, Del. Supr., No. 534, 2024 (Dec.19,2025). As one might expect, commentary about this ruling has already…

The Delaware Supreme Court’s decision in Thompson Street Capital Partners, IV, LLP v. Sonova United States Hearing Instruments, LLC, No. 168, 224 (Del. April 28, 2025), reversed the dismissal of the claim of a seller challenging the compliance by a buyer with a contractual notice provision.

The high court found that the trial court…