Michael Blanchard

Morgan Lewis

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Just Passed: Senate Bill Significantly Amends Delaware General Corporation Law

On March 25, 2025, Senate Bill 21, which significantly amends the Delaware General Corporation Law (DGCL), passed the Delaware General Assembly and was signed into law by Governor Matt Meyer....more

3/27/2025 / Board of Directors , Books & Records , Controlling Stockholders , Corporate Governance , Delaware General Corporation Law , Disclosure Requirements , Safe Harbors , Shareholder Litigation

Delaware Supreme Court Raises the Bar on Plaintiffs’ Firms Extracting Fees for Challenges to Advance Notice Bylaws

The Delaware Supreme Court on July 11 partially reversed the Delaware Court of Chancery decision in Kellner v. AIM ImmunoTech, which had held that certain advance notice bylaw provisions were “facially invalid,” holding...more

8/1/2024 / Board of Directors , Bylaws , Corporate Governance , Shareholders

Plaintiffs’ Firms Are Once Again Targeting Advance Notice Bylaws

Stockholder plaintiffs’ law firms have recently filed several virtually identical complaints in the Delaware Court of Chancery challenging often used public company advance notice bylaws as facially invalid. Against this...more

6/10/2024 / Board of Directors , Bylaws , Corporate Governance , Nominations , Shareholders

After Boxed, Delaware Poised to Revise Section 242’s Charter Amendment Process for Multi-Share Class Companies

Delaware legislature is considering proposed amendments to Section 242 of the Delaware General Corporation Law that would help address the challenges dual-share class companies have been facing in the wake of Garfield v....more

5/10/2023 / Board of Directors , Common Stock , Corporate Governance , Delaware General Corporation Law , Proposed Amendments , Shareholder Litigation , Special Purpose Acquisition Companies (SPACs)

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