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Delaware Corporate & Commercial Litigation Blog

Highlights & Analysis of Key Decisions from Delaware's Supreme Court & Court of Chancery

Section 145(e)

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Advancement Allowed Prior to Date of Undertaking

By Francis Pileggi on May 10, 2020
Posted in Court of Chancery Updates

A recent letter ruling from the Court of Chancery on a nuance of the law of advancement deserves to be remembered. The Court’s decision in Day v. Diligence, Inc., C.A. No. 2020-0076-SG (Del. Ch. May 7, 2020), is short but important due to its clarification of a finer point regarding the duty of a company…

Chancery Denied Advancement Claim as Within Board’s Discretion

By Francis Pileggi on January 15, 2013
Posted in Court of Chancery Updates

Miller v. Palladium Industries, Inc., C.A. No. 7475-VCN (Del. Ch. Dec. 31, 2012).

Issue Addressed: This case addressed the issue of advancement of legal fees pursuant to Section 145(e) of the Delaware General Corporation Law.

Brief Overview

The Court denied a motion for judgment on the pleadings based on a claim for advancement…

About Francis

Francis practices primarily in the areas of corporate and commercial litigation. His practice includes representation in high-stakes disputes for a wide range of clients in many industries
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