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
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.
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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
Wachtell Lipton Discusses Delaware Chancery Decision Reaffirming That Caremark Liability Turns on Bad Faith
Delaware corporate law demands neither omniscience nor infallibility from directors, but rather a good-faith effort. The Delaware Court of Chancery reaffirmed that principle yesterday in a decision dismissing claims that current and former directors of Boeing breached their oversight duty
Another “Minute About Minutes”
On August 6, 2026, Delaware’s Court of Chancery issued two opinions providing additional context for important issues surrounding corporate minutes. The first, City of Pontiac Police and Fire Retirement Sys., et al. v. Dayforce, Inc., C.A. No. 2026-0073-LM,
From The Global Silicon Valley: The Weekly Docket
By Louis Lehot, Partner, Foley & Lardner LLP. Garage to global, since Y2K.Friends,Nvidia spent Monday turning the AI buildout into an asset class, raising half a trillion dollars of firepower with six of the largest investors on earth. Delaware ordered a
Guest Post: Board Oversight of Self-Insured Launch Risk
Vijay Jyotish
In the following guest post, Vijay Jyotish, who writes on forecasting and decision-making under uncertainty, argues that launch-day decisions for self-insured space missions can expose companies to hundreds of millions of dollars in risk, yet often bypass board-level
The SEC Opened the Door to Mandatory Shareholder Arbitration. Will Companies Walk Through It?
For decades, mandatory arbitration provisions covering shareholder claims were largely absent from the governance documents of public companies. Their absence was largely the consequence of two institutional forces. At the federal level, the Securities and Exchange Commission maintained an informal