Category: Blog
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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…
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Judicial Whack-a-Mole: The NCAA’s Eligibility Problem
By: Nick Johnston Intro “The national debate about amateurism in college sports is important. But our task as appellate judges is not to resolve it. Nor could we. Our task is simply to review the district court judgment through the appropriate lens of antitrust law.”[1] The Supreme Court’s landmark decision in NCAA v. Alston addressed…
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Know Before You Go: Weighing the Competition
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…
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The Caremark Duty in Delaware Following In re McDonald’s Corporation Stockholder Derivative Litigation
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…
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One Vote, One Value? The Delaware ACLU’s Fight Against Artificial Entity Voting Rights
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…
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A Hollywood Worthy Story: Was Hollywood Park Betrayed by the City It Once “Saved”?
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…