Category: 2025

Eric Lovetri Staff Editor, Delaware Journal of Corporate Law, Volume 50 Introduction Mindbody and Columbia were the first Delaware opinions to hold acquirors liable for aiding and abetting a target’s breaches of fiduciary duty.[1] Mindbody interpreted “knowing participation” to include “a failure to act or mere passive awareness” where a merger agreement required the buyer…

Aliyah Walker Staff Editor, Delaware Journal of Corporate Law, Volume 50 Introduction L’Oréal, Estee Lauder and e.l.f. are all common make up brands which can be found at your local stores. However, they have much more in common outside of their placement on the shelves. Many of these major businesses have developed strategies to expand…

Alexandra S. Bethman Staff Editor, Delaware Journal of Corporate Law, Volume 50 Introduction Professional athletes’ Name, Image and Likeness (“NIL”) rights have often been a topic of conversation. As many more states have adopted explicit rights to publicity, there have been a growing number of players licensing use of their NIL rights.[1] In the last…

Charles William Welch IV Staff Editor, Delaware Journal of Corporate Law, Volume 50 Introduction Since the passage of the Protection of Lawful Commerce in Arms Act (PLCAA) in 2005, questions have arisen on the extent of liability coverage that firearm manufacturers, and dealers, have.[1] The question of where we draw this line has now made…

Gabriela Jones Staff Editor, Delaware Journal of Corporate Law, Volume 50 Introduction After almost 40 years, Party City—a Delaware-incorporated company—is pitching the confetti, popping its balloons, and closing its doors due to irrevocable financial hardship.[1] Although there are several reasons behind the company’s closure, inability to withstand post-pandemic inflation and economic struggles largely contributed.[2] The…

Jordan Burgh Staff Editor, Delaware Journal of Corporate Law, Volume 50 Introduction In a system where marketing is built upon personal information, where is the line between efficiency and privacy? For several years, companies such as Meta, Apple, and Amazon have tracked, collected and sold their consumers’ online activity without thought to the privacy of…

Noah S. Pearson Staff Editor, Delaware Journal of Corporate Law, Volume 50 Introduction In 2003, author Michael Lewis published Moneyball: The Art of Winning an Unfair Game.[1] The true story follows former Oakland Athletics’ General Manager, Billy Beane, who creates a championship-caliber roster despite severe financial constraints imposed by the team’s ownership.[2] Greater attention to…

Olivia I. Scholl Staff Editor, Delaware Journal of Corporate Law, Volume 50 Introduction In recent months, the application of artificial intelligence (“AI”) has extended to nearly every aspect of life, including the workplace. According to a study conducted by Pew Research Center, approximately one-in-six workers say at least some of their work is accomplished by…

Jordan Davis Staff Editor, Delaware Journal of Corporate Law, Volume 50 Introduction Despite Delaware being a contractarian state, the courts do not mechanically enforce noncompete and non-solicitation agreements.[1] Instead, these restrictive covenants are reviewed to ensure that they (1) are reasonable in scope and duration, geographically and temporally; (2) advance legitimate economic interests of the…

Stephen C. Krieble II Staff Editor, Delaware Journal of Corporate Law, Volume 50 Introduction Originally invented by 3M in 1938 under the auspices of the Manhattan Project, a class of chemicals commonly referred to as per- and polyfuoroalkyl substances (“PFAS”) have been a major component of modern industrial production.[1] PFAS are commonly referred to as…