The Delaware Supreme Court recently interpreted issues regarding the enforcement of Delaware state securities laws in Swan Energy, Inc. v. Investor Protection Unit, No. N24C-03-071 (Del. Supr., July 16, 2026). Delaware’s high court distinguished a U.S. Supreme Court decision regarding the availability of jury trials and determined based on the specific facts, claims and
delaware supreme court
Chancery’s Deep Doctrinal Dive into the Definition of Voidable v. Void Corporate Acts
By Francis Pileggi on
Posted in Court of Chancery Updates
A recent Delaware Court of Chancery opinion is required reading for those interested in the important distinction between corporate acts that are void as compared to voidable. In a 100-plus page decision in connection with approving a class action settlement and attorneys’ fees, the Court of Chancery engages in a deep doctrinal dive and scholarly…
Delaware Supreme Court Justice Karen Valihura Presents Distinguished Lecture on Charting Delaware’s Course in a New Era
By Francis Pileggi on
Posted in Commentary, Delaware Supreme Court Updates
Delaware Supreme Court Justice Karen L. Valihura recently presented the 2026 Weinburg Distinguished Lecture entitled “Legacies, Lessons and Launch Pads: Charting Delaware’s Course in a New Era, now available in an article format.
My own paraphrasing of a few takeaways: (i) the scholarly presentation included references to icons among prior court decisions in…
Vice Chancellor Zurn Confirmed as Delaware Supreme Court Justice
By Francis Pileggi on
Posted in Delaware Supreme Court Updates
The Delaware Senate approved the nomination of Vice Chancellor Morgan Zurn to become a Justice on the Delaware Supreme Court. Congratulations to Her Honor.
She takes over for Justice Valihura who did not seek re-appointment when her term ends this month. The process to fill the new opening for Vice Chancellor of the Court…
Semi-Annual Review of Key Delaware Corporate and Commercial Decisions
By Francis Pileggi on
Posted in Annual Review of Key Delaware Cases
In addition to the Annual Review of Key Delaware Corporate and Commercial Decisions that I have compiled on these pages for the last 21 years, I periodically select cases for a semi-annual review. We recently presented these selected cases in a webinar with a PowerPoint.
The selection of these cases is necessarily subjective, and I…
National Law Review’s Delaware Corporate and Commercial Litigation Monitor
By Francis Pileggi on
Posted in Commentary
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 latest edition that has now been published. The newsletter includes articles from authors around the country on the titular topic. My role for this publication is in addition to…
National Law Review’s Delaware Corporate and Commercial Litigation Monitor
By Francis Pileggi on
Posted in Commentary
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 latest edition that has now been published. My role for this publication is in addition to my full-time practice and maintaining this blog–now in its 21st year–as well as…
Delaware High Court reverses Chancery decision to bar advancement for ERISA fiduciaries
By Francis Pileggi on
Posted in Delaware Supreme Court Updates
Frank Reynolds, who has been covering Delaware corporate decisions for various national publications for over 40 years, wrote this article.
The full Delaware Supreme Court recently ruled that the federal Employee Retirement Income Act of 1974 does not automatically bar the managers of an investment fund from accessing ERISA assets to defend themselves from state…
Delaware justices divide over issue of post-demand news stories as “credible basis” for suit seeking corporate records
By Francis Pileggi on
Posted in Delaware Supreme Court Updates
Frank Reynolds, who has been covering Delaware corporate decisions for various national publications for over 40 years, prepared this article.
The majority of a divided Delaware Supreme Court recently affirmed a Chancery decision holding that reliance on post-demand, confidentially sourced news stories of alleged director wrongdoing could be a “credible basis” for an investor’s books-and-records…
Annual Tulane Corporate Law Institute
By Francis Pileggi on
Posted in Commentary
Over the last 21 years that I have been writing this blog I have often posted about an annual corporate law seminar in New Orleans called the Tulane Corporate Law Institute, that I am attending again this year. Started by the late great Delaware Supreme Court Justice Andrew G.T. Moore over 30 years ago…