Category: 2026
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Competing Interests Emerge and Materialize: Inspecting AI Companies’ Corporate Approaches
By: Brian Brown I. Introduction On July 14, 2025, Anthropic, a leading artificial general intelligence (“AI”) entity, announced that the U.S. Department of War awarded it a “two-year prototype other transaction agreement with a $200 million ceiling.”[1] The award provided Anthropic with the opportunity to “prototype frontier AI capabilities that advance U.S. national security.”[2] It…
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Competing Interests: Delaware’s Heightened Scrutiny Regarding Non-compete Agreements in the Employment Context
By: Kylie Lutz I. Introduction Non-compete agreements restrain job mobility and economic growth. Indeed, “[th]e free flow of talent and ideas creates innovation. When that movement is restricted by non-compete agreements, it’s bad for employees, companies, and the economy.”[1] Yet it comes as no surprise that about 38% of the U.S. labor force have agreed…
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Time is of the Essence: The Delaware Supreme Court’s Reversal of West Palm Beach Firefighters’ Pension Fund v. Moelis & Company Under the Doctrine of Laches
By Gabriella Varriale Source: Schorr Law On January 20th, 2026, the Delaware Supreme Court reversed the Delaware Court of Chancery’s decision in West Palm Beach Firefighters’ Pension Fund v. Moelis & Company, holding that the challenged provisions of the stockholder agreement at issue were voidable, not void, and thus subject to equitable defenses, such as…
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Artificial Intelligence’s Impact on Corporations and Corporate Fiduciary Duties
By: Nicole Ruban Artificial intelligence (AI) has created a new landscape for attorneys and corporations to navigate. The benefits and potential for increased profits for corporations are endless. But with the good, comes the bad. In a world where cybersecurity is a priority, is AI safe to use? On the other hand, in a world…
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When Goliath Loses the Procedural Sword: The Hidden Litigation Economics of Berk v. Choy
By: Shauna LaMagna Introduction Anti-strategic lawsuits against public participation statutes (also known as anti-SLAPP statutes) have occupied an uneasy space between substance and procedure. Designed to deter meritless (often speech-based) litigation and protect residents from strategic lawsuits against public participation[1], in January of this year, the United States Supreme Court concluded in Berk v. Choy…
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Small But Mighty: Federal Courts Adopting Delaware Corporate Law
By: Maria Canlas Source: Billy Penn at WHYY Introduction Despite being the second smallest state, Delaware is widely regarded as the capital of American corporate law. Decades of decisions from the Delaware Court of Chancery and the Supreme Court of Delaware have developed an extensive body of corporate governance jurisprudence.[1] These decisions are the foundation…
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Another Victory for the Tech Giant: Meta Survives Antitrust Scrutiny
By: Shuo Li Source: http://www.investopedia.com/articles/markets/100215/twitter-vs-facebook-vs-instagram-who-target-audience.asp Introduction Meta Platforms, Inc. (“Meta”) is a global technology holding company best known for operating Facebook, the largest social networking platform in the world.[1] As of November 2025, Facebook accounted for approximately 69% of the social media app market.[2] Through its website and mobile applications, Facebook enables users to communicate…
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Time’s Up on Void Judgments: The Supreme Court Applies the Reasonable Time Requirement to Rule 60(b)(4)
By: Dillon DiCiurcio Introduction Federal Rule of Civil Procedure 60(b) is a powerful tool that allows parties to be relieved from a final judgment or order.[1] Rule 60(c)(1) requires Rule 60(b)(1)–(3) motions for relief for mistake, newly discovered evidence, or fraud, to be brought within one year after entry of the final judgment or order.[2]…
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WHO’S REALLY IN CHARGE? INSTITUTIONAL INVESTORS AND THE CLEANSING VOTE IN DELAWARE
By: Warren Sikolo I. Introduction – The Puzzle of Modern Corporate Control Picture a board of directors sweating over a conflicted merger. In front of them, fairness opinions, diligence reports, the works. But the real question in the room … how will the institutions (think of BlackRock, Vanguard, and State Street) vote? In 2026,…
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Rutledge and the Delaware Corporate Exodus
By: Bryn Wunder Introduction The consequential decision of the Delaware Supreme Court in Rutledge v. Clearway Energy Group, LLC in March 2026upholds recent changes to the state’s corporate code resulting from the passing of Senate Bill 21 by the Delaware legislature, which, with its sweeping changes, restricts breach of fiduciary duty claims against directors, officers…
