The Delaware Supreme Court recently interpreted issues regarding the enforcement of Delaware state securities laws in Swan Energy, Inc. v. Investor Protection Unit, No. N24C-03-071 (Del. Supr., July 16, 2026). Delaware’s high court distinguished a U.S. Supreme Court decision
Delaware Corporate & Commercial Litigation Blog
Highlights & Analysis of Key Decisions from Delaware's Supreme Court & Court of Chancery
The Delaware Corporate & Commercial Litigation Blog, published by Francis G.X. Pileggi, focuses on legal developments and key decisions from Delaware's Supreme Court and Court of Chancery. It covers corporate and commercial litigation topics including fiduciary duties, corporate governance, LLC law, derivative suits, discovery disputes, privilege issues, and procedural rules in Delaware courts. The blog also addresses constitutional law aspects related to corporate litigation and provides analysis of appellate advocacy and legislative developments affecting Delaware corporate law. It serves as a resource for practitioners involved in complex corporate disputes, governance challenges, and Delaware-specific legal procedures.
Latest from Delaware Corporate & Commercial Litigation Blog - Page 3
Chancery Addresses AI Hallucinations in Court Filings
A recent Delaware Court of Chancery decision provides a cautionary tale about the issues raised by AI hallucinations in a court filing. In Leiske v. Kidd, C.A. No. 2025-0426-CDW (LWW) (Del. Ch. July 1, 2026), the court addressed a court…
Latest Podcast Episode on Delaware Corporate Litigation
Our latest episode of the Delaware Corporate Litigation Insight podcast is now available. Our guest for this episode is our partner, Sean Brennecke.
We discuss recent decisions of the Delaware Court of Chancery on dissolution of an LLC; whether Delaware…
Chancery’s Deep Doctrinal Dive into the Definition of Voidable v. Void Corporate Acts
A recent Delaware Court of Chancery opinion is required reading for those interested in the important distinction between corporate acts that are void as compared to voidable. In a 100-plus page decision in connection with approving a class action settlement…
Chancery Imposes Contempt Penalties for Non-Compliance with Injunction
The recent Chancery decision in Global Capital Partners, LLC v. Green Sapphire Holdings, Inc., C.A. No. 2024-0877-JTL (Del. Ch. June 23, 2026), provides the analysis that will be applied to determine whether a party contumaciously failed to comply with…
Christianity and the Law
The prolific and nationally-recognized corporate law scholar, Prof. Stephen Bainbridge, has collected an anthology of scholarship on the titular topic including law review articles and other publications by numerous authors in addition to himself.
Although the topic may be viewed…
Chancery Clarifies Nuances of Implied Covenant of Good Faith and Fair Dealing
A recent Delaware Court of Chancery decision is required reading for anyone who wants to understand the latest and most scholarly restatement of the nuances of Delaware law on the implied covenant of good faith and fair dealing that I…
Chancery Harmonizes Conflicting Forum Selection Clauses
A recent Delaware Court of Chancery decision provides noteworthy guidance about how to reconcile conflicting forum selection clauses. In Kelly Roofing Holdings, LLC v. Flores, C.A. No. 2025-1049-BWD (Del. Ch. June 4, 2026), the court provides a wealth of…
Chancery Provides First Interpretation of Recently Amended DGCL Section 144
Rae Ra, a corporate and commercial litigation associate in the Delaware office of Lewis Brisbois, prepared this synopsis.
The Court of Chancery analyzed the newly amended 8 Del. C. § 144(d)(2) for the first time recently, in Patrick Ayers v.
Delaware Supreme Court Justice Karen Valihura Presents Distinguished Lecture on Charting Delaware’s Course in a New Era
Delaware Supreme Court Justice Karen L. Valihura recently presented the 2026 Weinburg Distinguished Lecture entitled “Legacies, Lessons and Launch Pads: Charting Delaware’s Course in a New Era, now available in an article format.
My own paraphrasing of a few takeaways:…