Highlights & Analysis of Key Decisions from Delaware's Supreme Court & Court of Chancery
By: Chauna A. Abner*
This article first appeared in a recent issue of the Delaware Business Court Insider, and is reproduced here with their kind permission.
The Delaware Court of Chancery recently confirmed that when an LLC’s operating agreement provides that a managing board will manage the company, absent language to the contrary, all…
A recent Delaware Court of Chancery decision determined that the forum clause in the Tesla bylaws, after its redomestication in Texas, requiring derivative suits to be brought in Texas, would be upheld even though the lawsuits at issue were filed shortly before the Tesla shareholders approved the change and despite the suits being filed when…
The Delaware Court of Chancery recently imposed attorneys’ fees in connection with a request for sanctions for violation of a Confidentiality Order in the matter styled Accelerant Twister, LLC v. Marjo, LLC, C.A. No. 2023-0887-LWW (Del. Ch. April 10, 2026).
This short letter ruling followed a prior decision in this case to disqualify…
This post was prepared by Rae Ra, a corporate and commercial litigation associate in the Delaware office of Lewis Brisbois.
On March 27, 2026, members of the Delaware Court of Chancery, the Register in Chancery, and practitioners gathered for a CLE seminar to discuss best practices in the Court of Chancery. Topics ranged widely, from…
The Federalist Society prepared a video/podcast that explains what the Court of Chancery is, and what it does, and why it may have some outsized influence within the area of its jurisdiction. The link follows:
A recent Delaware Court of Chancery decision is notable for addressing the nuances of an analysis about whether a Certificate of Cancellation for an LLC should be nullified, in a post-trial opinion styled: In re Reinz Wisconsin Gasket, LLC, C.A. No. 2022-0859-MTZ (Del. Ch. April 2, 2026).
Background
The background of this case includes…
A recent Chancery decision is blogworthy due to its analysis of an extreme case of spoliation coupled with other bad faith litigation conduct in NICbyte LLC v. Startop Investments, LLC, C.A. No. 2023-0637-NAC (Del. Ch. April 8, 2026).
Initially, I observe that egregious facts such as those offered in this case shed little light…
A recent Delaware Court of Chancery decision is noteworthy for its analysis of a claim in a summary proceeding to determine the rightful directors of a company after learning that the claim was based on fraudulent corporate documents. The court rejected the requested relief in Berg v. Bar-Lavi, C.A. No. 2025-0959-LWW (Del. Ch. March…
Volume 2, Edition 3 of the National Law Review‘s Delaware Corporate and Commercial Law Monitor Monthly has been published. I’m the Editor-in-Chief. It is published monthly and emailed to a select few from the mailing lists the NLR has for their 25 other newsletters, as well as the existing subscribers of this blog…
The 40th Annual F. G. Pileggi Distinguished Lecture in Law, named after my father, (I have an extra middle initial of “X”), will be held on April 9, 2026, at the Hotel duPont in Wilmington, Delaware. The Delaware Journal of Corporate Law and the Delaware Law School of Widener University continue to host and…