In a short post-trial letter ruling, the Court of Chancery awarded damages for spoliation of evidence in ATG Capital Opportunity Funds LP v. Lane, C.A. No. 2026-0477-LWW (Del. Ch. Sept. 2, 2026). The record showed that a principal of plaintiff ATG failed to preserve relevant data on his mobile device. The prior post-trial decision
Chancery: Allegedly Excessive Fees Not Defense to Nonpayment of Advancement
This overview was prepared by Rae Ra, a corporate litigation associate in the Delaware office of Lewis Brisbois.
The Court of Chancery recently emphasized again the plaintiff-friendly standard for advancement, rejecting JP Morgan’s objections to approximately $21 million in disputed fees and expenses.
Podcast on Delaware Contract Law
In an episode of my Delaware Corporate Litigation Insights Podcast, we discuss with Delaware litigator Sean Bellew a recent Delaware Court of Chancery decision that addresses the prevention doctrine in contract law. When properly applied, it may excuse a party’s nonperformance when the other side prevents it from fulfilling its contractual obligations.
It’s only
New Treatise Entitled: “The Business Judgment Rule and Stockholder Derivative Litigation” by Stephen A. Radin.
I was delighted this week to receive a courtesy copy of the newest contribution, in hardback, to corporate law scholarship by Stephen Radin as an update to his iconic four-volume treatise on the Business Judgment Rule. It features a Foreword by former Delaware Chief Justice E. Norman Veasey.
What a challenge to do a short
National Law Review’s Delaware Corporate and Commercial Litigation Monitor
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 been published. (It was published earlier in the month but paying client work has delayed this post.) The newsletter includes articles from authors around the
Best Lawyers in America
I am pleased to report that I have been selected again to join the ranks of the Best Lawyers in America in commercial litigation and corporate governance for 2027. Over 200 other lawyers in my firm across the country were also selected in various areas of the law. Congratulations to everyone.
New Podcast on AI Hallucinations in Court Filings
In the latest episode of my Delaware Corporate Litigation Insights podcast, I am joined by K&L Gates litigation partner Steven Caponi to examine a recent Delaware Court of Chancery decision involving fabricated quotations generated through the use of AI in a court filing.
The Delaware Court of Chancery’s recent published decision where the issue
Delaware Corporate Filing Services Still Superior Despite Texas Improvements
Voluminous commentary exists regarding the substantive comparisons between Delaware corporate law and competing states such as Texas, but an article that my partner and I published for Bloomberg Law compares the more practical aspect of expedited services that the Delaware Division of Corporations offers, such as same day service for corporate filings. Delaware still provides
Chancery Explains 21 Reasons Why an LLC Is Not Purely a Creature of Contract
A recent Delaware Court of Chancery decision identified more than 21 reasons why an LLC is not purely a creature of contract. Hassanein v. NTO Fund I, LLC, C.A. No. 2025-0299-DH (JTL) (Del. Ch. August 4, 2026), is noteworthy for several reasons.
It should be included in the pantheon of iconic and consequential Delaware
Chancery Allows Counter-Counterclaims
A recent Delaware Court of Chancery decision is noteworthy for allowing an unusual procedural vehicle as a reply to counterclaims, as well as featuring an unusual initial retort to the counter-counterclaims, in the context of an intricate series of claims between and among parties involved in a dispute about the ouster an initial investor of