The large wave of cookie wiretapping lawsuits does not seem to be subsiding, but a plaintiff-favorable outcome is far from assured.
A new decision by the US District Court in Delaware dismisses a claim based on the plaintiff’s failure to
Tuesday Tips: New and Notable from SSRN
Merger Agreement Anomalies: A Case Study in Incomplete Contracts
Abstract
This article uses the ABA’s Private Target Mergers and Acquisitions Deal Points Study to interrogate a puzzle that I initially took for evidence of bad lawyering: the
Welcome to Texas! Liability Protections Fuel the DExit: 3 Strategic Moves for Business Owners to Consider in Q4
Texas isn’t just bigger — it’s also better, having become a more favorable place for private company owners to do business. Just last year, the Texas Legislature amended the Business Organizations Code to create a much safer environment for those
New Treatise Entitled: “The Business Judgment Rule and Stockholder Derivative Litigation” by Stephen A. Radin.
I was delighted this week to receive a courtesy copy of the newest contribution, in hardback, to corporate law scholarship by Stephen Radin as an update to his iconic 4-volume treatise on the Business Judgment Rule. It features a Foreword
New Treatise Entitled: “The Business Judgment Rule and Stockholder Derivative Litigation” by Stephen A. Radin.
I was delighted this week to receive a courtesy copy of the newest contribution, in hardback, to corporate law scholarship by Stephen Radin as an update to his iconic 4-volume treatise on the Business Judgment Rule. It features a Foreword
New Treatise Entitled: “The Business Judgment Rule and Stockholder Derivative Litigation” by Stephen A. Radin.
I was delighted this week to receive a courtesy copy of the newest contribution, in hardback, to corporate law scholarship by Stephen Radin as an update to his iconic four-volume treatise on the Business Judgment Rule. It features a Foreword
Chancery Distinguishes Between Corporate and LLC Executive Roles as Basis for Personal Jurisdiction
This post is by Aimee M. Czachorowski, a partner in the Delaware office of Lewis Brisbois Bisgaard & Smith LLP.
In Altigen Communications, Inc. v. Day, C.A. No. 2025-1298-JTL (Del. Ch., August 21, 2026), the Court of Chancery provided
National Law Review’s Delaware Corporate and Commercial Litigation Monitor
As the Editor-in-Chief of the National Law Review‘s publication called the Delaware Corporate and Commercial Law Monitor, I’m pleased to share the latest edition that has been published. (It was published earlier in the month but paying
Court Erred in Finding that High Bar for Antisuit Injunction Had Been Met
On August 27, 2026, the First Department issued a decision in Astraea NYNY LLC v. Ganley, 2026 NY Slip Op. 05143, holding that a court erred in holding that the high bar for an antisuit injunction had been met,
Heightened Means Heightened: Chancery’s First Read of SB 21’s New Presumption Shuts Down Demand Futility
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