Although there has been substantial discussion on differences in state corporate law driving incorporation choices, not as much attention has been paid to cost differentiation between the states. As many know, Delaware charges smaller public companies organized as corporations up
TWEET and the Bird Logo Apparently Enter the Public Domain, But X Maintains Its Grip on the TWITTER Mark (For Now)–X v. Project Bluebird
This case involves Project Bluebird, a social media service previously named “twitter.new” and renamed to tweet.app immediately after this ruling (for reasons this post makes obvious). Project Bluebird’s service is designed to reimagine the Twitter service that Musk imploded when
Wachtell Lipton Discusses Delaware Chancery’s Caution Against Reading Between the By-Lines
In a significant decision for public companies facing activism, the Delaware Court of Chancery last week held that a board may not reject a director nomination notice based on disclosure requirements that are not explicitly spelled out in the corporation’s
Chancery: Allegedly Excessive Fees Not Defense to Nonpayment of Advancement
This overview was prepared by Rae Ra, a corporate litigation associate in the Delaware office of Lewis Brisbois.
The Court of Chancery recently emphasized again the plaintiff-friendly standard for advancement, rejecting JP Morgan’s objections to approximately $21 million in disputed
Aprill, Is OpenAI Foundation a Private Foundation? Should It Be?
Ellen P. Aprill (Loyola L.A.) has posted Is OpenAI Foundation a Private Foundation? Should It Be? Here is the abstract:
The saga leading to the recapitalization of OpenAI into a nonprofit now named OpenAI Foundation and a public benefit corporation
Podcast on Delaware Contract Law
In an episode of my Delaware Corporate Litigation Insights Podcast, we discuss with Delaware litigator Sean Bellew a recent Delaware Court of Chancery decision that addresses the prevention doctrine in contract law. When properly applied, it may excuse a
Reincorporation Update – Early September 2026
We’ve had some additional movement on the reincorporation front since the July update and we’ve also identified some smaller moves that hadn’t been captured in the earlier reviews. In July we’d identified 43 attempted moves for 2026, that number now
Strayed from the Path: Dodiya v. Franklin and the Emerging Rules of the DGCL’s Section 144 Safe Harbors
On August 26, 2026, the Court of Chancery issued Dodiya v. Franklin, C.A. No. 2025-0932-LWW (Del. Ch. Aug. 26, 2026), concluding that the “striking breakdown in corporate governance” detailed in the complaint made the “predictable path to safe harbor”
CDC Now Counts 18,445 Confirmed Cyclospora Cases, 990 Hospitalizations and Two Deaths in Forty-Nine States. The Season Closed August 31. The Count Grew by 1,265 the Next Day, and Hawaii Joined the Map.
he Centers for Disease Control and Prevention updated its cyclosporiasis case count on September 1, 2026, to 18,445 laboratory-confirmed cases acquired in the United States between May 1 and August 31, with 990 hospitalizations and two deaths across forty-nine states
Guest Post: Governance Signal Decay as a D&O Severity Problem
Stephen Hourigan
In the following guest post, Stephen Hourigan argues that a key driver of D&O claim severity is not necessarily board ignorance or misconduct, but the delay between when warning signs are known somewhere within the organization and when