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
Delaware Supreme Court Updates
Delaware Supreme Court revives Amazon Sec. 220 suit, clarifies “credible basis” standard
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…
Fifth Edition of the National Law Review’s Delaware Corporate and Commercial Law 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 Fifth Edition that has now been published. (My role for this relatively new publication will be in addition to my full-time practice and maintaining this blog–now in it’s 20th…
Delaware Supreme Court revives Kraft Heinz stock sale suit, clarifies Rule 60(b)(3)
Frank Reynolds, who has been covering Delaware corporate decisions for various national publications for over 40 years, prepared this article.
The Delaware Supreme Court recently ruled that the Court of Chancery should have revived a derivative suit over a stock sale by a major Kraft Heinz Co. investor after learning the action had been wrongly…
Supreme Court Addresses Fraudulent Concealment and Indemnification in Post-Closing Dispute
The Delaware Supreme Court provides useful clarification regarding when a fraudulent concealment claim tolls the statute of limitations for indemnification claims, in LGM Holdings, LLC v. Gideon Schurder, et al., Del. Supr., No. 314, 2024 (April 22, 2025).
Background
In this post-closing dispute involving claims of intentional breach of representations and warranties in…
Delaware High Court: Suit Over TripAdvisor’s Del.-to-Nev. charter move should have been dismissed
Frank Reynolds, who has been covering Delaware corporate decisions for various national publications for over 40 years, prepared this article
The Delaware Supreme Court recently reversed a Chancery decision to let shareholders of TripAdvisor Inc. and its parent continue their suit against their directors over their boards’ reincorporation of the world’s largest travel guidance purveyor …
Delaware Supreme Court affirms ruling that Oracle founder’s undisclosed post-merger plans didn’t taint NetSuite purchase
Frank Reynolds, who has been covering Delaware corporate decisions for various national publications for over 35 years, prepared this article
The Delaware Supreme Court recently upheld the Court of Chancery decision that Oracle Corp. founder Larry Ellison did not disloyally cause the computer software company’s directors to significantly overpay for cloud-based business software purveyor NetSuite…
The Delaware Supreme Court Suggests that Some Forfeiture-for-Competition Provisions May be Reviewed for Reasonableness.
Sean Brennecke, a partner in the Delaware office of Lewis Brisbois, prepared this post.
In LKQ v. Rutledge, 2024 WL 5152746 (Del. Supr. 2024), the Delaware Supreme Court recently responded to questions certified by the United States Court of Appeals for the Seventh Circuit by confirming that the Supreme Court’s ruling in Cantor Fitzgerald…
Supreme Court Affirms Court of Chancery’s Findings of Breach of Revlon Duties and Breach of Duty of Disclosure
Aimee Czachorowski, an attorney in the Delaware office of Lewis Brisbois, prepared this post.
The Delaware Supreme Court, in In re Mindbody, Inc. Stockholder Litigation, C.A. No. 2019-0442 (Del. Supr. Dec. 2, 2024), affirmed the Court of Chancery’s finding that Mindbody’s founder and CEO had breached fiduciary duties in connection with actions he took…
Delaware Supreme Court Clarifies Standards Applicable To Advance Notice Bylaws
Fanta Toure, a law clerk in the Delaware office of Lewis Brisbois, prepared this post.
The Supreme Court of Delaware issued a significant ruling in Kellner v. AIM Immunotech Inc., No. 2023-0879 (Del. Supr. July 11, 2024), addressing a legal challenge related to advance notice bylaws adopted by AIM Immunotech’s board in response…