The Court of Chancery recently explained who must receive notice in order to satisfy the requirements of 6 Del. C. § 18-110, which provides a summary procedure for LLCs, similar to § 225 for corporations, to determine the proper manager of an LLC. In HREF Senior Worthington LLC v. Conroe WN LLC, C.A.
8th Edition of The National Law Review’s Delaware Corporate and Commercial Law Monitor
My 8th 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.
Vice Chancellor Expresses Concern Over Reduced Civility in Delaware Bar
In a postscript to a recent ruling from the bench, a vice chancellor of the Court of Chancery made a thoughtful observation about her concerns regarding an apparent change in the tradition of civility among members of the Delaware Bar. In a Law.com article that discussed the observation, yours truly was quoted.
An overview of
Chancery Rejects Relevance of Personal Data About CEO
A recent Delaware Court of Chancery ruling addressed the scope of discovery in connection with a dispute about a failed merger to the extent that “deeply personal” and embarrassing information about a CEO was sought, purportedly in connection with the role the CEO played in the alleged failure of his company to use contractually mandated
Delaware Computer Crime Counterclaim Dismissed for Lack of Extraterritorial Effect
This article was prepared by Keith Walter, a partner in the Delaware Office of Lewis Brisbois.
In Sarwal v. Nephrosant, Inc., C.A. No. 2023-0222-BWD (Del. Ch. Aug. 28, 2025), the Court of Chancery addressed a counterclaim brought under the Delaware Computer Related Offenses Act in an action in which the plaintiff sought advancement and indemnification
Delaware Supreme Court Clarifies Requirements for Aiding and Abetting Claim
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
Chancery Explains Nuances of § 273 Dissolution Requirements
A recent Delaware Court of Chancery decision is a gem for those seeking the latest iteration of Delaware law on the requirements of DGCL § 273 regarding judicial dissolution of a joint venture corporation. In the matter styled: In Re Petition for Dissolution of M7 Energy Development Corporation and Convergent Innovation Technology Holdings, Inc.
Chancery Awards Fees for Breach of Forum Selection Clause
A recent Delaware Court of Chancery decision awarded fees incurred to defend a lawsuit that was filed in a forum contrary to the forum selection clause of the parties’ agreement, as well as the fees incurred in connection with enforcing the forum selection clause. In Namdar v. Fried, C.A. No. 2024-0535-JTL (Del. Ch. June
Self-Promotion Department
I am humbled and flattered to have been included again this year in The Best Lawyers in America ranking along with about 200 of my colleagues in about 50 offices around the country in the Lewis Brisbois firm.
Chancery Grants Partial Fee-Shifting for Breach of Fiduciary Duty and Spoliation
A recent decision from the Delaware Court of Chancery addressed damages for breach of the fiduciary duty of loyalty where they were not capable of precise measurement, and there was also a claim for spoliation. The most recent decision in this matter addresses damages. Sorrento Theraupetics, Inc. v. Mack, C.A. No. 2021-0210-PAF (Del. Ch.