A recent Delaware Court of Chancery decision is required reading for anyone who wants to understand the latest and most scholarly restatement of the nuances of Delaware law on the implied covenant of good faith and fair dealing that I have read in quite some time. In Facilities Holdings, LLC v. ASM Global Parent, LLC
francis pileggi
Chancery Harmonizes Conflicting Forum Selection Clauses
By Francis Pileggi on
Posted in Court of Chancery Updates
A recent Delaware Court of Chancery decision provides noteworthy guidance about how to reconcile conflicting forum selection clauses. In Kelly Roofing Holdings, LLC v. Flores, C.A. No. 2025-1049-BWD (Del. Ch. June 4, 2026), the court provides a wealth of practical analysis in a relatively short opinion that should be required reading for anyone who…
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…
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…
New Delaware Corporate Litigation Podcast–Inaugural Broadcast
By Francis Pileggi on
Posted in Commentary
Our new podcast series by Wilmington Managing Partner Francis G.X. Pileggi, Esq. and Partner Chauna Abner, offers practical insights on fiduciary duties, shareholder disputes, corporate governance issues, and other high-stakes business litigation matters arising in the State of Delaware and beyond.
In our inaugural episode, Francis and Chauna welcome veteran trial lawyer Jonathan Blank…
Court of Chancery Provides Guidance on Enforcement and Modification of Scheduling Orders
By Francis Pileggi on
Posted in Court of Chancery Updates
A recent ruling of the Delaware Court of Chancery addressed the standards for enforcing scheduling orders and explained the circumstances in which they might be modified. In Volt Energy Utility, LLC v. Elliott, C.A. 2024-0385-PAF, Order (Del. Ch. Mar. 4, 2026), the court instructed that: “Scheduling orders are not merely guidelines but have…
Investor who Controlled Blockholder Director, Not Subject to Delaware Jurisdiction
By Francis Pileggi on
Posted in Court of Chancery Updates
The Delaware Court of Chancery recently analyzed whether the ultimate non-resident decisionmaker for a blockholder director was subject to personal jurisdiction in Delaware, based on a provision in the Delaware Long-Arm Statute that may trigger jurisdiction, not only for an action taken within Delaware, but for an “omission” that occurred in Delaware. In Zync, Inc. …
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…
Chancery Addresses Issue of First Impression Regarding Anti-SLAPP Statute and Contract-Related Claims
By Francis Pileggi on
Posted in Court of Chancery Updates
A recent Chancery decision in Tesaro, Inc. v. Anaptyseio, Inc., C.A. No. 2025-1357-KSJM (Del. Ch. April 24, 2026), analyzed claims of repudiation or anticipatory breach of a collaboration agreement between two pharmaceutical companies regarding the development of a cancer drug. The court, in an issue of first impression, analyzed Delaware’s recently amended Anti-SLAPP statute which…