Highlights & Analysis of Key Decisions from Delaware's Supreme Court & Court of Chancery
The latest episode of our podcast called Delaware Corporate Litigation Insights features the Editor-in-Chief of The Chancery Daily, Lauren Pringle.
How is Delaware’s Court of Chancery adapting to a rapidly growing caseload, and what does the future hold for one of the nation’s most influential business courts?
Drawing on her years of experience covering…
A recent Chancery decision rejected several defenses to advancement, including the commonly unsuccessful argument that the claims in the underlying case were not made against those seeking advancement in their capacity as former officers. In Esposito v. Drivers History Information Sales LLC, C.A. No. 2026-0579-DG, Order (Del. Ch. Oct. 2, 2026)(Gibbs, M.), the Court…
A recent webinar presented by Lewis Brisbois’ Directors and Officers Litigation Practice Group, for CLE credit, discussed why recent developments do not suggest an imminent change in Delaware’s status in the corporate world. We provide statistics on the number of entities formed in Delaware being higher than ever for 2025, and we also address recent…
This synopsis was prepared by Chauna Abner, a corporate and commercial litigation partner at Lewis Brisbois.
In Freiberg v. Xonar Technology Inc., C.A. No. 2026-0093-KSJM (Del. Ch. Sep. 15, 2026), Chancellor McCormick rejected a director’s Section 225 challenge to his removal based on written consents in lieu of a shareholder meeting after a paper trial.…
The Delaware Court of Chancery explained the reasoning for a specific award of attorneys’ fees based on a post-trial decision earlier this year, highlighted on these pages, that discussed the basis for awarding fees in a case involving breach of fiduciary duty, breach of a restrictive covenant, and related breaches. Arxada Holdings NA Inc. v. …
Contract-based rights to advancement of an LLC’s general counsel, that would otherwise have been honored, were denied based on the equitable doctrine of unclean hands, in a recent Delaware Court of Chancery opinion styled In Re Care One LLC Advancement Litigation, C.A. Cons. No. 2025-1286-NAC (Del. Ch. Sept. 24, 2026).
Basic Factual Background
Although…
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…
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…
The Delaware Law School and the Delaware Journal of Corporate Law reprise the annual lecture on corporate law named after my father. Details follow.
The Delaware Law School is pleased to invite you to the 41st Annual Francis G. Pileggi Distinguished Lecture in Law, presented by the Delaware Journal of Corporate Law.
In a short post-trial letter ruling, the Court of Chancery awarded damages for spoliation of evidence in ATG Capital Opportunity Funds LP v. Lane, C.A. No. 2026-0477-LWW (Del. Ch. Sept. 2, 2026). The record showed that a principal of plaintiff ATG failed to preserve relevant data on his mobile device. The prior post-trial decision…