In Ayers v. Foley (available here), the Delaware Court of Chancery recently became the first court to interpret Section 144(d)(2) of the Delaware General Corporation Law (DGCL), the provision added by Senate Bill 21 (SB 21) in 2025
New Paper: Anti-Woke Corporate Governance
This week’s blog post is a plug: I had the pleasure of participating in the Irving L. Goldberg Symposium at SMU earlier this year, and this Essay was the result, forthcoming in the SMU Law Review and now posted to
Is Delaware Still the Place to Incorporate?
Elon Musk wanted $56 Billion and at first it seemed that Delaware said “no.” Meanwhile other states have moved aggressively to attract incorporations on the private and public levels. Although Musk moved his company to Texas, the main competitor for
Delaware Court: Retention Provision Is Not a Related-Claims Exclusion
A frequently recurring coverage issue litigated in Delaware courts is the treatment of related claims and the consequences that flow from a determination that multiple proceedings are related. A recent Delaware Superior Court decision revisits those issues, this time in
DIDMCA’s Section 525 Opt-Out: Congress Allowed States to Reimpose Usury Limits on Their Own Banks, Not on Out-of-State Lenders
The purpose of this blog is to respond to questions we have received as to why a state like Colorado would ever use Section 525 of DIDMCA to opt out of Section 521 of DIDMCA if it would not preclude
Guest Post: Inigo’s 2026 Defense Counsel Survey
In the following guest post, Ed Whitworth, the Head of Financial Lines at Inigo, Millie Refalo, Senior Underwriter at Inigo, and Yera Patel, Head of Casualty & Financial Lines Claims and Analytics at Inigo, summarize the results of a recent
Third Circuit Says “Stressful Offices” and “Difficult Bosses” Not Enough Under Title VII
Gabriel v. DSM Biomedical, Inc., No. 25-2630 (3d Cir. Aug. 13, 2026) Executive Summary On August 13, 2026, the U.S. Court of Appeals for the Third Circuit issued a precedential […]
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Kang Haggerty Adds David L. Braverman and Litigation Team from Braverman Kaskey
Kang Haggerty LLC is pleased to announce that David L. Braverman and core members of his litigation team have joined the firm from Braverman Kaskey, strengthening Kang Haggerty’s business and commercial litigation practice across Pennsylvania, New Jersey, and Delaware.
“We
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
Mind the Gap: Delaware Court of Chancery’s Clarification of the Implied Covenant’s Contractual Gap-Filling Role
Although the implied covenant of good faith and fair dealing applies to nearly every contract governed under Delaware law, many claims alleging its breach fail at the earliest stages of litigation. Even when an implied covenant claim survives such preliminary