Earnouts are often described as a way to bridge a valuation gap. But they can just as easily turn into a bridge to the courthouse. The Delaware Court of Chancery’s September 30, 2026 post-trial opinion in ACON Igloo Holdings, LLC
A recent Chancery decision rejected several defenses to advancement, including the commonly unsuccessful argument that the claims in the underlying case were not made against those seeking advancement in their capacity as former officers. In Esposito v. Drivers History Information
A recent webinar presented by Lewis Brisbois’ Directors and Officers Litigation Practice Group, for CLE credit, discussed why recent developments do not suggest an imminent change in Delaware’s status in the corporate world. We provide statistics on the number of
Our latest Delaware Corporate Litigation Insights podcast discusses the recent Chancery decision highlighted on these pages in Hassanein v. NTO Fund I, LLC, that provides 21 reasons why an LLC is not simply a creature of contract. Delaware corporate litigator
This synopsis was prepared by Chauna Abner, a corporate and commercial litigation partner at Lewis Brisbois.
In Freiberg v. Xonar Technology Inc., C.A. No. 2026-0093-KSJM (Del. Ch. Sep. 15, 2026), Chancellor McCormick rejected a director’s Section 225 challenge to his
Delaware has joined the growing group of states limiting mandatory workplace meetings concerning unionization. Signed Sept. 30, House Bill 84 adds Section 711B to Delaware’s employment law to prohibit so-called captive audience meetings. The law arrives at a particularly unsettled
M&A agreements routinely send disputes over earnouts and purchase-price adjustments to an independent accountant, and, as this blog has discussed before, the parties then fight over how much the accountant can decide. Earlier this year, in Fortis Advisors, LLC v.
On September 2, 2026, Delaware Governor Matt Myer signed House Bill 380 into law, amending the Delaware Personal Data Privacy Act to, among other things, create new restrictions for sensitive data that go into effect on January 1, 2027.
In In re Global One Media1, the U.S. Bankruptcy Appellate Panel for the Ninth Circuit rejected a creditor’s attempt to perfect its security interest by filing UCC-1 financing statements in the state where the collateral, not the debtor, was located.
The overall number of Delaware Chancery Court M&A lawsuit settlements increased in 2025, but aggregate, average, and median settlement values decreased during the year, according to a new report from Cornerstone Research. The report, which is entitled “M&A Litigation Settlements
