Lewis Brisbois has released the third episode of its Delaware Corporate Litigation Insights podcast, bringing together legal experts to dissect significant recent court decisions.
Hosts Francis Pileggi and Chauna Abner are joined by Lewis Brisbois partner Aimee Czachorowski to examine three Delaware Court of Chancery rulings that corporate litigators need to understand.
The episode arrives at a moment when Delaware corporate law is navigating meaningful statutory changes, making the decisions under review particularly relevant to practitioners advising clients on governance matters.
A central focus of the discussion is how Delaware courts are approaching forum selection clauses following recent amendments to Section 122(18) of the Delaware General Corporation Law.
The trio examine the circumstances under which fiduciary duty claims can be contractually directed to litigation in another jurisdiction, a question with significant practical implications for corporate drafting.
Forum selection clauses have long been a tool for managing litigation risk, but their enforceability and scope in the context of fiduciary claims remains a nuanced and evolving area of Delaware law.
The episode also addresses what threshold must be met to establish jurisdiction over foreign executives who oversee investor-appointed directors, a question that arises frequently in cross-border corporate disputes.
Establishing personal jurisdiction over such executives can be a decisive early battleground in litigation, and the court’s reasoning in the decision reviewed offers guidance on how courts will assess these situations going forward.
The third decision examined in the episode carries a pointed warning for parties who choose to ignore a valid forum selection clause, as the court confirmed such conduct may result in an obligation to pay the opposing party’s attorneys’ fees and costs.
This fee-shifting outcome underscores the financial consequences that can flow from procedural missteps, particularly when a party proceeds in a forum contrary to a contractual agreement.
The podcast draws practical lessons from each decision, covering drafting considerations that counsel should factor into shareholder agreements, bylaws, and other governance documents.
Litigation strategy also features prominently in the discussion, with the hosts and Czachorowski translating the court’s reasoning into actionable guidance for corporate litigators handling active disputes.
The full episode is available on Apple Podcasts under the series title Delaware Corporate Litigation Insights: A Lewis Brisbois Podcast, offering practitioners a concise but substantive resource for staying current on Delaware court developments.