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
fees on fees
Indemnification Granted for Successful Books and Records Action
By Francis Pileggi on
Posted in Court of Chancery Updates
Most indemnification cases involve successfully defending claims, but a recent Delaware Court of Chancery decision granted indemnification for the successful pursuit of a books and records action, in Gentile v. GPB Capital Holdings, LLC, C.A. No. 2024-0165-PAF (Del. Ch., Nov. 27, 2024).
This decision is noteworthy because it explains the broader scope of indemnification…
Chancery Compares California and Delaware Law on Advancement
By Francis Pileggi on
Posted in Court of Chancery Updates
- California courts find “Delaware law on advancement
Chancery Examines Reasonableness of Fees Awarded
By Francis Pileggi on
Posted in Court of Chancery Updates
In Lillis v. AT & T Corp., (Del. Ch., Feb. 25, 2009), read letter decision here, the Chancery Court reviewed a dispute about the reasonableness of fees that were awarded in an advancement claim as well as related litigation. There have been several Delaware opinions involving these parties in this long running case, which have been highlighted…
“Fees on Fees” Limited By Proportionality in Advancement Matter; and Chancery Confirms that Advancement Rights May Be Terminated
By Francis Pileggi on
Posted in Court of Chancery Updates
In Schoon v. Troy Corp., (Del. Ch., March 28, 2008), read opinion here, the Delaware Chancery Court granted advancement rights to one of the plaintiffs, but denied it to the other, based primarily on the wording of the relevant bylaws as construed through the applicable statute and case law. Moreover, although "fees on…