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The Delaware Court of Chancery,
Delaware Supreme Court, and
Delaware Bankruptcy Blog

Editors

John Delikanakis
John Delikanakis

Gil Kahn
Gil Kahn

Delaware Court of Chancery Adopts Reverse Veil-Piercing

In a case of first impression in Delaware, the Court of Chancery adopted the equitable doctrine of reverse veil-piercing in Manichaean Capital LLC v Exela Technologies Inc., a post-merger action to enforce an appraisal valuation judgment.

June 15, 2021 | 10 min read | 0 Comments

John Delikanakis
John Delikanakis

Delaware Court of Chancery: Deadlock Can be Genuine Even When Unilaterally Orchestrated

A Delaware Court of Chancery case decided earlier this year provides some useful guidance on the interpretation of LLC agreements and what constitutes a “deadlock” under Delaware law.

April 29, 2021 | 10 min read | 0 Comments

John Delikanakis
John Delikanakis

Delaware Supreme Court Holds That Fraud is Insurable

In a decision that is likely to reshape directors and officers (“D&O”) policies across the nation, the Delaware Supreme Court has held that fraudulent conduct by corporate officers and directors is insurable under Delaware law.

April 15, 2021 | 10 min read | 0 Comments

Patricia Brum
Patricia Brum

Officers Face Personal Liability for Steering a Sale of Columbia Pipeline to a Preferred Buyer

The Delaware Court of Chancery in In re Columbia Pipeline Group, Inc. Merger Litigation denied a motion to dismiss claims for fiduciary duty breach in the sale of Columbia Pipeline Group, Inc. (“Columbia”).

April 06, 2021 | 10 min read | 0 Comments

Tyson Prisbrey
Tyson Prisbrey

Sorting Through the Kettle of Fish: Delaware Supreme Court Enforces Contractual Provisions Limiting Liability to “Deliberate Fraud”

When determining whether to uphold an indemnification provision that carved out an exception for only deliberate fraud, the Delaware Supreme Court recently explained in Express Scripts, Inc. v. Bracket Holding Corp....

March 30, 2021 | 10 min read | 0 Comments

Alexis Wendl
Alexis Wendl
Gil Kahn
Gil Kahn

Court of Chancery finds that it lacks personal jurisdiction over employee in former company’s non-compete action

Choice of law and choice of forum clauses in employment agreements are tricky business.

February 23, 2021 | 8 min read | 0 Comments

Aleem Dhalla
Aleem Dhalla

Tell Me Everything: How Much Information Must a Shareholder Provide to a Corporation to Inspect Books and Records Under Section 220?

The Supreme Court of Delaware recently affirmed a decision by the Court of Chancery that ordered a corporation to produce certain books and records to a shareholder,

February 08, 2021 | 10 min read | 0 Comments

Joseph Adams
Joseph Adams

Chancery Rules on Equitable Fee Shifting and Indemnity Provisions in Support of Fee Shifting

On December 31, 2020, Vice Chancellor Glasscock issued an opinion regarding what he called a “novel issue” arising from cross motions for fees.

February 03, 2021 | 10 min read | 0 Comments

John Delikanakis
John Delikanakis

Delaware Bankruptcy Court Provides Guidance on the Scope of The Automatic Stay

On December 3, 2020, the United States Bankruptcy Court for the District of Delaware entered an opinion in In re Extraction Oil & Gas, Inc., Case No. 20-11548 (CSS)

January 26, 2021 | 10 min read | 0 Comments

James Florentine
James Florentine

Court Finds that Seller Breached its Mergers and Acquisitions Interim Operating Covenant in Responding to COVID-19

On November 30, 2020, the Delaware Court of Chancery issued its decision in AB Stable VIII LLC v. Maps Hotels and Resorts One LLC et al.

January 19, 2021 | 10 min read | 0 Comments

Joshua Schneiderman
Joshua Schneiderman

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