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
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
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
Bricklayers Pension Fund of W. Pa. v. Brinkley, C.A. No. 2022-1118-MTZ (Del. Ch. July 12, 2024) -
In derivative cases where a stockholder-plaintiff has not made a pre-suit demand on the board of directors, demand futility...more
City of Sarasota Firefighters’ Pension Fund v. Inovalon Holdings Inc., No. 305, 2023 (Del. May 1, 2024).
The Delaware Supreme Court’s decision in Khan v. M & F Worldwide Corp. (“MFW”) established a cleansing process for a...more
Urvan v. AMMO, Inc., Consol. C.A. No. 2023-0470 PRW (Del. Ch. Feb. 27, 2024, corrected Mar. 14, 2024) -
It is an axiom of Delaware law that a corporation acts through its human agents. This principle informs the causes of...more
6/21/2024
/ Aiding and Abetting ,
Board of Directors ,
Breach of Contract ,
Breach of Duty ,
Fiduciary Duty ,
Fraud ,
Merger Agreements ,
Mergers ,
Motion to Dismiss ,
Shareholder Litigation ,
Shareholders
This top ten list summarizes significant decisions of the Delaware Supreme Court and the Delaware Court of Chancery over the past calendar year. Our criteria for selection are that the decision either meaningfully changed...more