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
Chancery Declines to Follow First-Filed Rule in Advancement Case
The current issue of the Delaware Business Court Insider includes an article on the titular topic by yours truly and my colleague Cheneise Wright. Courtesy of the good folks at the Delaware Business Court Insider, and with their permission, it appears below.
Chancery Declines to Follow First-Filed Rule in Advancement Case
By: Francis
Chancery Does Deep Dive into Corporate Dissolution Details and Winding-up Process
Anyone who needs to know the latest iterations of Delaware law regarding the intricacies and nuances of the dissolution of a corporation and the related winding-up process–needs to read the recent Delaware Court of Chancery decision styled: In re Altaba, Inc., C.A. No. 2020-0413-JTL (Del. Ch. Oct. 8, 2021). This scholarly and extensive analysis
Delaware Standards Applicable to Which Case Will Proceed When Same Parties Have Pending Litigation in Multiple States
A recent Delaware Court of Chancery decision recited the standards applied in Delaware to determine when to stay a case or allow it to proceed when similar litigation between the same parties is proceeding in another state. In AG Resources Holdings, LLC v. Terral, C.A. No. 2020-0850-JRS (Del. Ch. Feb. 10, 2021), the court
Moving records action to New York would not be more efficient for plaintiff, Chancery says
This post was prepared by Frank Reynolds, who has been following Delaware corporate law, and writing about it for various legal publications, for over 30 years.
Rallye Motors Holding, LLC cannot use Delaware’s McWanedoctrine to force its ex-CEO to move his books-and-records action to New York, where a fellow member and ex-employee of that
Chancery Defers to First-Filed New York Complaint
Mich II Holdings LLC v. Schron, C.A. No. 6840-VCP (Del. Ch. June 29, 2012).
This is a rather unremarkable but still notable decision applying the familiar first-filed rule under the McWane line of cases, which served as the basis to grant a motion to stay this case in favor of a first-filed New York
Chancery Defers to First-Filed Federal Complaint on Patent Issues
Huawei Technologies Co. Ltd., v. Interdigital Technology Corporation, C.A. No. 6974-CS (Del. Ch. June 11, 2012)(Transcript ruling).
Issues Presented: (1) whether a motion to expedite should be granted, and (2) whether a motion to dismiss or stay should be granted based on the McWane first-filed doctrine.
Short Answer: Motion to expedite was