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Chancery Finds Plaintiff Stated a Claim for Breach of Fiduciary Duty Where Corporation Merged into Limited Liability Company,...

Pena v. MacArthur Grp. Inc., C.A. No. 2023-0412-MTZ (Del. Ch. Oct. 1, 2025) - Corporate fiduciaries, like officers, directors or controlling stockholders, face potential liability for breach of the duty of loyalty, where...more

Chancery Holds that Board’s Failure to Respond to Whistleblower Complaint Detailing Violations of Banking Laws Supported a Claim...

Brewer v. Turner, C.A. No. 2023-1284-KSJM (Del. Ch. Sept. 29, 2025) - Directors and officers of Delaware corporations owe a duty of oversight under Caremark and its progeny. Relevant here, the duty of oversight requires...more

Chancery Holds Integration Clause Bars Fraudulent Inducement Claim Based on Extra-Contractual Statements

Park7 Student Housing, LLC v. PR III/Park7 SH Holdings, LLC, C.A. No. 2025-0167-MTZ (Del. Ch. June 20, 2025) - Integration clauses provide that a contract is the complete and final agreement between the parties and...more

Chancery Dismisses Fiduciary Duty Action Alleging Brophy and Caremark Claims For Failure to Plead Demand Futility

In re Plug Power Inc. Stockholder Derivative Litigation, C.A. No. 2022-0569-KSJM (Del. Ch. May 2, 2025) - Because derivative claims belong to the corporation, a stockholder seeking to prosecute a derivative suit must...more

Chancery Specifically Enforces “Hell or High Water” Provision To Close Merger

Desktop Metal, Inc. v. Nano Dimension LTD. And Nano US I, Inc., C.A. No. 2024-1303-KSJM (Del. Ch. Mar. 24, 2025) - Merger agreements often include “reasonable-best-efforts” clauses, requiring one or more of the parties to...more

Chancery Enforces Liability Waiver Provision in Limited Partnership Agreement, Dismisses Claims Against Limited Partners

AG Mobile Holdings, L.P. v. H.I.G. Mobile, L.P., C.A. No. 2023-1103-MAA (Del. Ch. Feb. 13, 2025) - In this recent decision, the Court of Chancery reaffirmed that parties to alternative entity agreements are free to order...more

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