National Law Review’s Delaware Corporate and Commercial Litigation Monitor
The National Law Review has released the latest edition of its Delaware Corporate and Commercial Litigation Monitor, edited by Francis Pileggi. The May 2026 issue curates commentary from legal experts nationwide on Delaware corporate law, court of Chancery decisions, and Supreme Court updates. It highlights recent high‑profile rulings, including the Chancery’s stance on board removals and Tesla’s Texas forum provisions. The publication, now in its 21st year, continues to serve as a central resource for practitioners handling Delaware‑based disputes.
Court of Chancery Invalidates Founder/Executive Chairman’s Unilateral Attempt to Remove the Only Other Members of the Company’s Managing Board
The Delaware Court of Chancery ruled that an LLC’s operating agreement requiring board decisions by the managing board cannot be overridden by a founder’s unilateral removal of board members. In Ropko v. Burdi, the executive chairman’s attempt to remove two...
Chancery Upholds Tesla’s Texas Bylaw Forum Provisions
The Delaware Court of Chancery upheld Tesla's newly adopted Texas forum clause for derivative lawsuits, even though the suits were filed before the bylaw change. The court held that forum‑selection provisions in corporate bylaws are presumptively valid and can apply...
Chancery Imposes Attorneys’ Fees for Breach of Confidentiality Order
The Delaware Court of Chancery sanctioned the parties in Accelerant Twister, LLC v. Marjo for breaching a court‑ordered confidentiality provision. The court found that more than 300 pages of sensitive material were provided to a designated expert months before he...
Practice Tips for Litigation in the Court of Chancery
On March 27, 2026 the Delaware Court of Chancery hosted a CLE where judges, the Register in Chancery, and practitioners shared best‑practice guidance. The session emphasized anticipating the full litigation lifecycle, adhering to the Register’s filing standards, and syncing case...
Delaware High Court Reverses Chancery Decision to Bar Advancement for ERISA Fiduciaries
The Delaware Supreme Court reversed a Chancery ruling, holding that ERISA does not automatically bar the advancement of plan assets to fiduciaries defending state‑law breach‑of‑duty claims. The court clarified that such advancement is not contingent on a fiduciary’s ability to...
What Is the Delaware Court of Chancery?
The Delaware Court of Chancery is a specialized equity court that resolves corporate and commercial disputes without juries. The blog post links to a Federalist Society video that explains the court’s jurisdiction, procedures, and why it wields outsized influence over...
Chancery Declines to Nullify LLC Certificate of Cancellation
The Delaware Court of Chancery denied a petition to nullify the Certificate of Cancellation for Reinz Wisconsin Gasket, LLC, concluding that the LLC complied with the dissolution requirements of the Delaware Limited Liability Company Act. The court emphasized that nullification...
Chancery Imposes Penalties for Intentional Spoliation Coupled with Forgeries and Lies
The Delaware Court of Chancery sanctioned NICbyte LLC for deliberately deleting electronic communications, forging documents, and lying to the court in the NICbyte v. Startop Investments case. The court applied Rule 37(e), imposing adverse inference and shifting the opposing party’s fees...
Annual National Firearms Law Seminar
The National Firearms Law Seminar returns to Houston on April 17, 2026, gathering the nation’s largest cohort of Second Amendment attorneys, judges, and Federal Firearms Licensees. The three‑day event will examine recent Supreme Court rulings, federal and state litigation, updates...
Section 225 Action Fails Based on Fraudulent Corporate Documents
The Delaware Court of Chancery dismissed Berg’s bid to become the sole director after finding he relied on fabricated corporate documents and lacked proof of stock ownership. The court held that the written consents Berg presented were invalid because the...
Delaware Justices Divide over Issue of Post-Demand News Stories as “Credible Basis” For Suit Seeking Corporate Records
The Delaware Supreme Court, in a split decision, affirmed a Chancery ruling that post‑demand, confidential news articles can provide a credible basis for a Section 220 books‑and‑records suit. The majority held that hearsay from reputable publications meets the reliability threshold, while...
Annual Tulane Corporate Law Institute
The Tulane Corporate Law Institute’s annual seminar convened Delaware Supreme Court justices, Chancery judges, and leading practitioners to dissect the year’s pivotal corporate law rulings. Highlights included the Supreme Court’s revisit of Elon Musk’s Tesla compensation package, new guidance on...
Delaware High Court Finds Investor Pact Suit Delay Fatal, Clarifies “Void/Voidable” Difference
The Delaware Supreme Court in Moelis & Co. v. West Palm Beach Firefighters Pension Fund reversed a Chancery ruling, holding that the 2014 stockholder agreement was voidable rather than void, and therefore the nine‑year‑old lawsuit was barred by the doctrine...