On April 29, 2026, the Delaware Supreme Court affirmed the Court of Chancery’s dismissal of consolidated challenges to advance notice bylaws adopted in 2023 by each of The AES Corporation and Owens Corning (In re The AES Corporation and Owens Corning; one of the underlying decisions was discussed in a prior post, available here). The decision reinforces a central theme in recent bylaw litigation: Courts will review advance notice bylaw challenges when there is a concrete dispute, not when the challenge depends on hypothetical future events that have not transpired.
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