Fiduciary Duty Litigation

10/14/2026 8:57:41 PM

Court of Chancery Declines to Dismiss Aiding and Abetting Claims in Cram-Down Financing

By K. Tyler O'Connell Sarah Ennis

Guilbeau v. Footprint Int’l Holdco, Inc., C.A. No. 2024-0968-JTL (Del. Ch. May 11, 2026) By: Tyler O'Connell and Sarah Ennis Early...

10/13/2026 2:29:09 PM

Court of Chancery Declines to Appoint Receiver Where Corporation Belatedly Paid Advancement

By K. Tyler O'Connell Sarah Ennis

Davis v. EpicentRx, Inc., C.A. No. 2024-0365-LM (LWW) (Del. Ch. Apr. 28, 2026) By: Tyler O'Connell and Sarah Ennis The defendant...

10/12/2026 4:02:39 PM

Court of Chancery Dismisses Claims Against Special Committee but Allows Breach of Fiduciary Duty Claims to Proceed Against Non-Independent Directors

By K. Tyler O'Connell Sarah Ennis

Fishel v. Liberty Media Corp., C.A. No. 2024-1057-KSJM (Del. Ch. Apr. 13, 2026) By: Tyler O'Connell and Sarah Ennis This decision...

10/12/2026 3:15:18 PM

Chancery Finds Reasons to Fire Founders for Cause Were Pretextual and Motivated by Intent to Avoid Earnout

By Barnaby Grzaslewicz Melissa Lagoumis K. Tyler O'Connell

Fortis Advisors, LLC v. Krafton, Inc., 354 A.3d 906 (Del. Ch. Mar. 16, 2026) By: Barnaby Grzaslewicz, Melissa Lagoumis, and Tyler...

9/18/2026 6:10:09 PM

Court of Chancery Dismisses Caremark Action, Finds Plaintiff Failed to Overcome Presumption of Director Independence

By K. Tyler O'Connell Sarah Ennis

Marchner v. Riley, C.A. No. 2025-0164-LWW (Del. Ch. Mar. 30, 2026) By: Tyler O'Connell and Sarah Ennis In this derivative action...

9/14/2026 7:47:09 PM

Court of Chancery Enters Judgment in Favor of Defendants in Section 225 Action but Cuts “Bad Faith” Fee Award in Half due to Defendants’ Own Transgressions

By K. Tyler O'Connell Sarah Ennis

Berg v. Bar-Lavi, C.A. No. 2025-0959-LWW (Del. Ch. Mar. 27, 2026) By: Tyler O'Connell and Sarah Ennis In this post-trial decision...

9/14/2026 7:19:38 PM

Court of Chancery Grants Motion to Dismiss, Finding Plaintiff Was on Inquiry Notice that his Stockholder Status Was in Question

By K. Tyler O'Connell Sarah Ennis

Turner v. Lam Research Corp., C.A. No. 2024-1308-KSJM (Del. Ch. Mar. 20, 2026) By: Tyler O'Connell and Sarah Ennis The Plaintiff sued for...

8/19/2026 8:39:10 PM

M&A, Stockholder and Corporate Cases to Watch in Delaware Courts in 2026

By Barnaby Grzaslewicz

By: Barnaby Grzaslewicz 2025 was a momentous year for Delaware corporate law. Not least of which was Delaware’s enactment of Senate Bill...

8/3/2026 7:36:38 PM

Superior Court CCLD Sustains Implied Covenant Claim in Earnout Dispute

By K. Tyler O'Connell Melissa Lagoumis

Monica v. Delta Data Software, Inc., C.A. No. N25C-05-185 PAW CCLD (Del. Super. Ct. Feb. 10, 2026) By: Tyler O'Connell and Melissa...

7/29/2026 7:38:39 PM

Delaware High Court Clarifies Impact of Anti-Reliance and Independent Investigation Clauses on Justifiable Reliance Prong of Post-Acquisition Fraud Claims

By Barnaby Grzaslewicz

By: Barnaby Grzaslewicz Transaction agreements governed by Delaware law often feature two related clauses speaking to the scope of a...

7/28/2026 4:54:38 PM

Chancery Denies Leave to Amend to Add Claims Three Business Days Before Trial

By Albert H. Manwaring IV Aubrey Morin K. Tyler O'Connell

In re Saama Technologies Litig., C.A. No. 2022-1045-LWW (Del. Ch. Feb. 27, 2026). By: Albert Manwaring, Aubrey Morin, and Tyler O'Connell...

7/28/2026 3:03:38 PM

Court of Chancery Dismisses Claims Against Former Director and Controlling Stockholder for Lack of Personal Jurisdiction

By Sarah Ennis K. Tyler O'Connell

MacLaughlan v. Einheiber, C.A. No. 2024-1126-JTL (Del. Ch. Feb. 26, 2026) By: Tyler O'Connell and Sarah Ennis Plaintiff, a founder of the...

7/24/2026 7:04:38 PM

Delaware Supreme Court Addresses Corporate Benefit from Tesla Director Compensation Settlement, Reduces Attorneys’ Fee Award

By K. Tyler O'Connell Melissa Lagoumis

In re Tesla, Inc. Dir. Comp. S’holder Litig., -- A.3d -- , 2026 WL 251831 (Del. Jan. 30, 2026) By: Tyler O'Connell and Melissa Lagoumis...

7/23/2026 6:47:38 PM

Ruling: Privilege Waiver Was Limited to Communications of Legal Advice Actually Provided to a Client and Internal Documents Reflecting the Formulation of Such Advice

By Albert H. Manwaring IV

By: Albert Manwaring The purpose of the attorney-client privilege is to encourage full and open communications between clients and their...

7/15/2026 7:32:08 PM

Court of Chancery Dismisses Fiduciary Duty and Veil-Piercing Claims, Provides Leave to Transfer Surviving Claims to Superior Court

By K. Tyler O'Connell Sarah Ennis

HASH Asset Mgmt Ltd. v. DMA Labs, Inc., C.A. No. 2025-0374-BWD (Del. Ch. Feb. 9, 2026) By: Tyler O'Connell and Sarah Ennis The plaintiff,...

7/10/2026 7:05:39 PM

Delaware Supreme Court Addresses Void and Voidable Distinction

By K. Tyler O'Connell Melissa Lagoumis

Moelis & Co. v. W. Palm Beach Firefighters’ Pension Fund, -- A.3d -- , 2026 WL 184868 (Del. Jan. 20, 2026) By: Tyler O'Connell and...