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.”…

In a significant move, the U.S. Securities and Exchange Commission issued a no-action letter advising that it will not recommend enforcement action in respect of Exxon Mobil Corporation’s proposed “Retail Voting Program.” Exxon’s novel Retail Voting Program would be offered to all retail investors at no cost on an opt-in basis, allowing retail investors to grant…

Delaware cases resolving facial challenges to corporate governance provisions, coupled with the ensuing wave of stockholder demands and litigation that followed, may have led some to overlook the issue of ripeness in connection with facial challenges. But historically, Delaware has taken a principled approach to ripeness and emphasized its importance in this context. This article reviews…

Dating back to In re Johns-Manville Corp., et al., Case No. 82-11656 (CGM) (Johns-Manville), the bankruptcy process has provided companies with useful tools for addressing current and future mass tort liability in a centralized forum. Indeed, Chapter 11 has been used as a means for addressing mass tort liabilities related to, among other things,…

Restrictive noncompetition covenants have frequently been the subject of judicial review in Delaware and regulatory scrutiny nationwide in recent years. While the Delaware judiciary has often been reluctant to enforce noncompetes, a number of recent decisions from the Delaware Supreme Court and the Delaware Court of Chancery have provided helpful guidance to employers, business partners, and…

The State Chamber’s Environmental Committee convenes regularly and brings together environmental leaders from Delaware’s business community to discuss challenges, share solutions, and help shape practical, science-based environmental policy. Focused on key issues such as air quality, water resources, energy, and site remediation, the committee serves at the forefront of environmental conversations in the state. One bill…

Aiding and abetting claims against arm’s-length third parties have often been described as some of the most difficult claims to prove under Delaware law. Despite this truism, in two recent post-trial opinions—In re Mindbody Stockholder Litigation and In re Columbia Pipeline Group Merger Litigation—the Delaware Court of Chancery held third-party buyers liable for…

I am writing today with a deep sense of both gratitude and humility to have had the opportunity to serve as president of Richards, Layton & Finger for the past three years.  My tenure has been marked by outstanding opportunities and tough challenges—both anticipated and unforeseen.  No matter the circumstances, I’m incredibly proud of how our…

Legislation providing that modifications to the trade name registration process in Delaware will be further delayed until February 2, 2026 was adopted by the Delaware General Assembly and signed by the Governor of the State of Delaware on May 27, 2025.  Effective February 2, 2026, trade names must be registered with the Delaware Division of Revenue…

On March 25, 2025, Delaware’s governor, Matt Meyer, signed Senate Substitute 1 to Senate Bill 21, enacting significant changes to the Delaware General Corporation Law (the DGCL). The bill, as enacted, reflects the basic principles set forth in the original legislation introduced on February 17, 2025, but includes the recommendations made by the Council of the…