Davis Polk partners Andrew Ditchfield and Rory Leraris were featured in Delaware Business Court Insider discussing what to expect in Delaware corporate litigation in 2026.

The article highlights that Delaware’s corporate bar is expecting to see how changes to the Delaware General Corporation Law adopted in 2025 will apply in practice.

Litigators are also seeking clarity on how the amended Delaware General Corporation Code Section 144 addresses transactions involving interested directors and officers. The article notes that Rory said she expects to see more disclosure challenges that allege approving stockholders weren’t adequately informed, as well as questions surrounding what it means to be interested, which she said isn’t fully addressed by the amendments.

Andrew explains that the changes to Delaware’s corporate code could mean plaintiffs pivot toward bringing more appraisal actions. “Where previously you might have seen an attempt at an entire fairness class action, I think we are seeing that type of activity, but we are seeing more significant appraisal positions being taken,” he said.

“‘Opportunity for Protection’: What to Expect in Delaware Corporate Litigation in 2026,” Delaware Business Court Insider (January 7, 2025) (subscription required)

Copy link to share post