Category: 2026

By: Christopher Updike Delaware is viewed as the gold standard for incorporation, but when its sheen appears to fade, boards can only daydream as to whether the grass is really greener on the other side. In hindsight, the corporate stir of 2025, otherwise known as “Dexit,” was a mere blip in Delaware’s corporate dominance and…

By: William Wilson History of the Caremark Duty within Delaware The duties owed by the board of directors of corporations within the State of Delaware have changed substantially within the last fifty years, moreover, the law in Delaware half a century ago did not place any duty on the board of directors of a corporation…

By: Lauren McLane Introduction The concept of corporate personhood[1] is neither new nor lacking in controversy. After the Citizen’s United decision was issued in 2010, critics and proponents alike have speculated its potential ramifications on other exercisable rights previously reserved for human citizens.[2] Regardless of their opinion, few would have guessed that fifteen years later…

By: Anas Mahmoud Introduction             As the FIFA World Cup returns to the United States for the first time since 1994[1], fans and corporations alike are buzzing with excitement. While the fans are preparing to see the games from the comfort of their homes, or in the stadiums themselves for the best viewing experience, companies…

By: Kalea Rosario Introduction Delaware corporate law loves a good boardroom showdown. And as a New Year present, it got one. On January 12, 2026, Paramount Skydance started the New Year off by filing a suit in the Delaware Court of Chancery against Warner Bros. Discovery (“WBD”) and its CEO, David Zaslav, alleging that the…

By: Kathleen Maginnis Photo Credit: Lloyd Wakefield, @lloyddddddddddddddddd // Instagram I. Introduction In Harry Styles’ long-awaited January 2026 single “Aperture,” he chants the lyrics “we belong together” twelve times throughout the electronic synth ballad.[1] Announcing a tour shortly after the song’s release, aptly dubbed the “Together, Together Tour,” Styles’ marketing strategy promoted the idea of…

By: Harry A. Allegra For almost forty years, “Chevron deference” structured how boards, in‑house counsel, and litigators thought about federal regulation.[1] When a statute was ambiguous and an agency’s interpretation was reasonable, courts were supposed to defer—even if judges might have read the statute differently on their own. That framework operated as a default rule:…

By: Allyson Kern For more than a century, Delaware has occupied a singular position in American corporate law.[1] More than two-thirds of Fortune 500 companies and a majority of publicly traded corporations are incorporated in the state—not because Delaware is where they operate, but because Delaware is where their internal affairs are governed.[2] The legal…

By: Dana Lutz  source: Sol de Janeiro U.S. v. MCoBeauty Ltd., No. 24-cv-08862 (S.D.N.Y. filed Nov. 20, 2024)  Introduction             Many industries have seen a significant spike in “dupes,” leaving the unanswered question of at what point this area of uncertainty crosses the line into legal liability. Dupes are products that closely resemble higher-end items, usually using similar…