Highlights & Analysis of Key Decisions from Delaware's Supreme Court & Court of Chancery
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…
My 9th Edition as Editor-in-Chief of the Delaware Corporate and Commercial Law Monitor published by The National Review is now available.
We collect articles from around the country, by practitioners and academics, about the latest developments on the titular topic.
The Delaware Association of Second Amendment Lawyers (DASAL) and the Delaware Lawyers’ Chapter of the Federalist Society presented its twelfth annual Delaware Firearms Law Seminar in October at the Delaware Law School.
I discussed some of the recent landmark decisions shaping Delaware jurisprudence on the constitutional right to keep and bear arms. Other panelists included…
The Delaware Supreme Court’s recent decision addressing the nuances and subtleties of a claim for aiding and abetting a breach of fiduciary duty is must reading for corporate and commercial litigators. In the matter styled: In re Columbia Pipeline Group, Inc. Merger Litigation, Del. Supr., No. 281-2024 (June 17, 2025), the en banc high…
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 reversed the dismissal of an Amazon.com Inc. shareholder’s books and records action, finding that the complaint’s alleged violations of antitrust law established a “credible basis” from which the Court…