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
delaware supreme court
Seventh Edition of National Law Review’s Corporate and Commercial Law Monitor
By Francis Pileggi on
Posted in Commentary
My 7th 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.
Delaware Supreme Court revives Amazon Sec. 220 suit, clarifies “credible basis” standard
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.
A Delaware Supreme Court panel recently reversed the dismissal of an Amazon.com Inc. shareholder’s books and records action, finding that the complaint’s alleged violations of antitrust law established a “credible basis” from which the Court…
Fifth Edition of the National Law Review’s Delaware Corporate and Commercial Law Monitor
By Francis Pileggi on
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 Fifth Edition that has now been published. (My role for this relatively new publication will be in addition to my full-time practice and maintaining this blog–now in its 20th…
Delaware Supreme Court revives Kraft Heinz stock sale suit, clarifies Rule 60(b)(3)
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 Delaware Supreme Court recently ruled that the Court of Chancery should have revived a derivative suit over a stock sale by a major Kraft Heinz Co. investor after learning the action had been wrongly…
Supreme Court Addresses Fraudulent Concealment and Indemnification in Post-Closing Dispute
By Francis Pileggi on
Posted in Delaware Supreme Court Updates
The Delaware Supreme Court provides useful clarification regarding when a fraudulent concealment claim tolls the statute of limitations for indemnification claims, in LGM Holdings, LLC v. Gideon Schurder, et al., Del. Supr., No. 314, 2024 (April 22, 2025).
Background
In this post-closing dispute involving claims of intentional breach of representations and warranties in…
Chancery Finds No Reason for Sears Controller’s Separate Appeal of Damages Ruling
By Francis Pileggi on
Posted in Court of Chancery Updates
Frank Reynolds, who has been covering Delaware corporate decisions for various national publications for over 40 years, prepared this article.
The Court of Chancery recently recommended that the Delaware Supreme Court deny a quick interlocutory appeal of its decision that a Sears Hometown & Outlet Stores investor is entitled to the full share of the…
Updates on SB 21 from Tulane Corporate Law Seminar
By Francis Pileggi on
Posted in Commentary
A PowerPoint with highlights of SB 21 at today’s beginning of the annual Tulane Corporate Law Institute, an event featured many times on these pages in prior years, was part of a panel presentation led William Lafferty of Morris Nichols. For the few people who have missed the tsunami of articles and commentary…
What Those Outside Delaware Say About SB 21
By Francis Pileggi on
Posted in Commentary
I recently attended a seminar in New York on D&O litigation developments called the PLUS Symposium. The topics lean towards the concerns of those who defend D&O cases and provide D&O coverage.
I listened to a panel entitled: “Hot Topics in D&O 2025”. None of the panel members were Delaware lawyers or members of…
New Extension of Blog: National Law Review’s Delaware Corporate and Commercial Law Monitor
By Francis Pileggi on
Posted in Commentary
For the last 20 years, I have highlighted selected decisions from the Delaware Supreme Court and the Delaware Court of Chancery on these pages, as well as related topics, including legal ethics. Recently, the National Law Review, a publication that is over 100 years old and boasts over 2 million readers, asked me to…