Two recent decisions from the Delaware Court of Chancery address well-settled but important nuances of the right to advancement. A third ruling leaves a gap in this area of the law: other than fees on fees, what remedy is available, if any, for the denial of advancement over several years until it is granted after
Delaware Corporate and Commercial Litigation
Advancement Denied for Employee of California LLC
By Francis Pileggi on
Posted in Court of Chancery Updates
A keen observer of Delaware corporate and commercial decisions comments on a recent Court of Chancery ruling that denied advancement to an employee of a California LLC. Keith Paul Bishop provides scholarly insights on the matter styled Likansis v. Walmart Inc., 2026 Del. Ch. LEXIS 144 (2026).
Delaware Corporate Litigation Podcast
By Francis Pileggi on
Posted in Court of Chancery Updates
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…
Chancery Rejects Advancement Defenses
By Francis Pileggi on
Posted in Court of Chancery Updates
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 also…
Webinar on Delaware’s Status in Corporate Law World
By Francis Pileggi on
Posted in Court of Chancery Updates
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…
Chancery Counts Later-Obtained Written Consents In Lieu of a Meeting in Section 225 Fight over Director Elections
By Francis Pileggi on
Posted in Court of Chancery Updates
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.…
Chancery Explains Award of Attorneys’ Fees
By Francis Pileggi on
Posted in Court of Chancery Updates
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. …
Advancement Right Barred by Unclean Hands
By Francis Pileggi on
Posted in Court of Chancery Updates
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…
Latest Delaware Corporate Litigation Podcast
By Francis Pileggi on
Posted in Commentary
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…
Corporate Law, Economics, and Theology
By Francis Pileggi on
Posted in Commentary
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…