Recent Developments in Delaware Corporate Law
Coming Soon!…
Coming Soon!…
As we begin a new year at Richards, Layton & Finger, I am humbled to occupy the president’s seat and proud to represent an exceptionally talented group of professionals. The past twelve months have brought rapid change across our profession and challenges to Delaware’s corporate landscape. Throughout the year, our firm continued to demonstrate the judgment,…
It is universal practice in large, complex, multi-debtor cases for the same professionals or group of professionals to be retained to represent all debtors in a jointly administered case. Common representation of the debtors makes sense because in most cases, affiliated and related debtors all share a common interest as it relates to the treatment of…
Over the past nearly 25 years, Delaware has surged to become the forum of choice—and the Delaware statutory trust (DST) the entity of choice—for the formation of management companies registered or regulated under the Investment Company Act of 1940 (the 1940 Act). According to the Investment Company Institute (ICI), in the year 2000 approximately 15.2 percent…
On December 19, 2025, the Delaware Supreme Court issued its highly anticipated opinion in In re Tesla, Inc. Derivative Litigation, reversing the Chancery Court’s order of rescission and reinstating the 2018 incentive compensation package for CEO Elon Musk that Tesla’s stockholders had ratified. The Supreme Court found that the lower court’s remedy of equitable rescission, which…
Cyrulnik Fattaruso LLP and Richards, Layton & Finger, P.A. achieved a significant victory in the Delaware Supreme Court today for clients IDT Corporation, Howard Jonas, and the Patrick Henry Trust, with the Supreme Court affirming the Delaware Court of Chancery’s decision rejecting class action claims asserted on behalf of a class of former stockholders of Straight…
This article challenges the conventional wisdom that defendants in an entire fairness trial face an uphill battle by analyzing the outcomes of all entire fairness trials litigated to judgment in the Delaware Court of Chancery (and taking into account any appeals) in roughly the last 10 years. The statistics show that defendants fare surprisingly well despite…
On November 12, 2025, the Supreme Court of the State of Delaware affirmed the Court of Chancery’s decision in Newark Property Association, et al. v. State of Delaware, et al., 2025 WL 3041907 (Del. Ch. Oct. 30, 2025), in which the Court of Chancery held that House Bill 242 (“HB242”), which permits school property tax rates…
On October 30, 2025, in the decision of Newark Property Association, et al. v. State of Delaware, et al., C.A. No. 2025-1031-LWW, the Delaware Court of Chancery has sided with the Defendants and ruled that House Bill 242 (“HB242”), which permits school property tax rates to temporarily be reset and differentiated between residential and non-residential properties,…
To protect the public’s right to engage in activities protected by the First Amendment without the threat of abusive, retaliatory litigation, Delaware Governor Matt Meyer signed Senate Bill 80 into law on September 15, 2025, enacting the Uniform Public Expression Protection Act (the “Act”) to provide greater protections against strategic lawsuits against public participation, or “SLAPP.”…