February 3, 2023

Annual Survey of Delaware Judicial Decisions

Over on the Delaware Corporate & Commercial Litigation Blog, Francis Pileggi and Sean Brennecke have posted a review of last year’s key Delaware corporate & commercial law decisions. The authors note that their focus is on the “unsung heroes” among these decisions – important cases that haven’t received a lot of attention from the media or trade publications.  This excerpt provides an example of what they mean:

In the Chancery decision of Hawkins v. Daniel, C.A. No. 2021-0453-JTL (Del. Ch. April 4, 2022), the court found that an irrevocable proxy was ambiguous and it did not state that it would “run with the shares” based on the “special principles of contract interpretation” applicable to proxy agreements.  This 85-page opinion needs to be read by anyone who wants to know the latest Delaware law on enforceability of proxies.

There is a lot here – the article originally appeared in two installments in the Delaware Business Court Insider and ran a total of 34 pages.

John Jenkins