About Delaware Corporate Litigation Insights: A Lewis Brisbois Podcast
Lewis Brisbois is excited to present Delaware Corporate Litigation Insights, a podcast series examining the latest legal developments, court decisions, and governance issues shaping the corporate world. Hosted by Wilmington Managing Partner Francis G.X. Pileggi and Partner Chauna Abner, this series offers practical insights on fiduciary duties, shareholder disputes, corporate governance issues, and other high-stakes business litigation matters arising in the State of Delaware and beyond.
Drawing on decades of experience representing corporations, directors, officers, stockholders, and LLC stakeholders, Francis and Chauna break down complex legal issues into timely, actionable takeaways for executives, board members, in-house counsel, and business leaders. Whether you're tracking emerging litigation trends or navigating critical business disputes, Delaware Corporate Litigation Insights provides the latest developments and recent court decisions in corporate and commercial litigation!
Inside the Court of Chancery: Delaware’s Evolution and the Future of Business Litigation
How is Delaware’s Court of Chancery adapting to a rapidly growing caseload, and what does the future hold for one of the nation’s most influential business courts? In Episode 8 of the Delaware Corporate Litigation Insights Podcast, hosts Francis G.X. Pileggi, Lewis Brisbois’ Delaware Managing Partner, & Partner Chauna Abner welcome Lauren Pringle, editor-in-chief of The Chancery Daily, for an insider’s perspective on the changing landscape of Delaware corporate litigation.
Drawing on her years of experience covering every ruling of the Court of Chancery, and virtually every court filing, Lauren discusses its remarkable growth, the challenges of managing an increasingly demanding docket, and how the court is adapting while preserving the qualities that distinguish Delaware’s judiciary. The conversation also explores the rise of specialized business courts in other states, including Texas, and how their approaches compare with Delaware’s. Looking ahead, the trio considers how technology, artificial intelligence, and evolving judicial practices could reshape the administration of corporate justice.
Listen to the full episode for a candid look at the Court of Chancery’s evolution, the pressures shaping its future, and what these developments mean for corporate litigators and the businesses they represent.
5 Oct 2026
Beyond Contracts: 21 Reasons an LLC is More than the Terms of an LLC Agreement
Is an LLC really just a “creature of contract”? A recent Delaware Court of Chancery decision offers at least 21 reasons why the answer is more complicated. In Episode 7 of the Delaware Corporate Litigation Insights Podcast, hosts Francis Pileggi, Managing Partner of the Delaware office of Lewis Brisbois, and partner Chauna Abner are joined by Delaware corporate and commercial litigator Kurt Heyman (https://hegh.law/attorney/kurt-m-heyman/) to examine Hassanine v. NTO Fund, a Chancery decision stemming from a nearly $2 million loan that went unpaid for five years due to disputes about the interpretation of an LLC agreement.
Kurt has developed a niche practice in cases involving the separation of owners of privately held business entities and has litigated through trial some of the biggest and most groundbreaking cases in this area.
The trio explores Vice Chancellor Laster’s extensive analysis of why LLCs are not purely contractual entities—and why statutory, common-law, and equitable principles must be considered when an LLC agreement doesn’t provide the answer. They highlight several notable examples, including the ability to pursue certain aiding-and-abetting claims, binding managers and officers who never signed the LLC agreement, and include provisions that ordinary contract law might not permit. Listen to the full episode for practical insights into the principles that govern Delaware LLC law.
16 Sept 2026
When Deals Go Bad: Drafting M&A Agreements with Litigation in Mind
What turns a successful transaction into a costly courtroom battle? In Episode 6 of the Delaware Corporate Litigation Insights Podcast, hosts Francis Pileggi (https://lewisbrisbois.com/attorneys/pileggi-francis-g-x)and Chauna Abner (https://lewisbrisbois.com/attorneys/abner-chauna) are joined by Lewis Brisbois' Corporate Practice Chair Michael Platner (https://lewisbrisbois.com/attorneys/platner-michael-g), a deals lawyer with four decades of experience and billions of dollars in transactions under his belt. Michael works with clients to develop and execute business-savvy legal strategies for businesses, from early stage through maturity and sale or merger, with a view toward maximizing benefit to their owners and investors.
Michael shares lessons from transactions that went sideways and examines some of the deal terms most likely to fuel disputes, including earnouts, escrows, working-capital adjustments, fiduciary-duty waivers, and executive compensation provisions. He also explains why earnouts can be particularly contentious—describing them as disagreements over purchase price accompanied by an agreement to litigate later. Listen to the full episode for practical insights on structuring deals, anticipating litigation risk, and drafting agreements built to withstand a dispute.
4 Sept 2026
The Prevention Doctrine in Delaware Contract Disputes
When can you stop performing under a contract, and when does doing so put you in breach? In Episode 5 of the Delaware Corporate Litigation Insights Podcast, hosts Francis G.X. Pileggi (https://lewisbrisbois.com/attorneys/pileggi-francis-g-x) and Chauna Abner (https://lewisbrisbois.com/attorneys/abner-chauna) are joined by Delaware corporate and commercial litigator Sean Bellew (https://www.bellewllc.com/sean-j-bellew-profile) to unpack the Court of Chancery’s recent decision in World Energy LLC v. Air Products and Chemicals, Inc. (https://www.law360.com/articles/2498210/del-chancery-dismisses-world-energy-s-air-products-suit) Sean is a trial lawyer who handles complex corporate, commercial and employment litigation matters, with an emphasis on corporate litigation in the Delaware Court of Chancery. He represents Delaware corporations, corporations doing business in Delaware and internationally and individuals in cases involving corporate control, trade secrets, corporate governance, statutory and contractual disputes, fiduciary duties, antitrust, securities, employment claims and injunction litigation.
The trio examines Delaware’s prevention doctrine, which may excuse a party’s nonperformance when the other side prevents it from fulfilling its contractual obligations. They discuss why that argument fell short in World Energy and what the decision teaches about clearly defining the sequence of payment and performance obligations. They also explore how smart contract drafting, forbearance agreements, and even everyday communications between parties can shape the outcome of a dispute long before anyone steps into a courtroom. Listen to the full episode for practical takeaways on drafting stronger agreements, documenting potential breaches to prepare for litigation, and protecting your position when a business relationship starts to unravel.
17 Aug 2026
AI Hallucinations & Credibility
In Episode 4 of the Delaware Corporate Litigation Insights Podcast, host Delaware Managing Partner Francis G.X. Pileggi (https://lewisbrisbois.com/attorneys/pileggi-francis-g-x) is joined by K&L Gates litigation partner Steven L. Caponi (https://www.klgates.com/lawyers/Steven-L-Caponi) to examine a recent Delaware Court of Chancery decision involving fabricated quotations generated through the use of AI in a court filing. Steven frequently serves as “Delaware Counsel” for corporations and other law firms from around the world in connection with cases pending in Delaware and to advise on Delaware law issues for transactions originating in other jurisdictions, but governed by Delaware law.
Francis and Steve discuss the professional obligations attorneys face when using generative AI, including the need to independently verify every citation, quotation, and legal argument before submitting a filing. They also explain how the Court of Chancery responded to the problem, and the need for counsel to fully correct the initial filing, accept responsibility, and respond candidly. The Delaware Court of Chancery’s published decision on a recent matter where the issue arose was also highlighted on the Delaware Corporate and Commercial Litigation Blog. (https://www.delawarelitigation.com/2026/07/articles/chancery-court-updates/chancery-addresses-ai-hallucinations-in-court-filings/) This recent podcast episode offers practical guidance for lawyers who discover a substantive error in a filing: notify the court promptly, make a complete correction, take ownership of the mistake, and never shift responsibility to others. Listen to the full episode to get key insights on how an attorney’s credibility is built over an entire career, and should never be sacrificed for a single case or client.
4 Aug 2026
Inside Delaware's Latest Rulings on Forum Selection & Jurisdiction
In Episode 3 of the Delaware Corporate Litigation Insights Podcast, hosts Francis Pileggi & Chauna Abner are joined by Lewis Brisbois partner Aimee Czachorowski (https://lewisbrisbois.com/attorneys/czachorowski-aimee) to examine three recent Delaware Court of Chancery decisions that every corporate litigator should have on their radar. Aimee has extensive experience representing clients in equitable matters in Delaware's Court of Chancery, including expedited and summary proceedings. The trio explore how Delaware courts are approaching forum selection clauses in the wake of recent amendments to Section 122(18) of the Delaware General Corporation Law, including when fiduciary duty claims can be contractually litigated in another jurisdiction. The hosts also analyze a significant personal jurisdiction ruling addressing the limits of Delaware's long-arm statute and what it takes to establish jurisdiction over foreign executives who oversee investor-appointed directors. Finally, they review a recent decision confirming that parties who disregard a valid forum selection clause may be required to pay the opposing party's attorneys' fees and costs. Listen to the full episode for key insights on practical drafting considerations, litigation strategies, and navigating corporate governance disputes and forum selection issues in Delaware.
8 Jul 2026
Deadlock, Dissent, and Attempts to Break the Rules
In Episode 2 of Delaware Corporate Litigation Insights, our hosts Francis and Chauna welcome Lewis Brisbois Partner Sean Brennecke (https://lewisbrisbois.com/attorneys/brennecke-sean-m) to the podcast for a timely conversation on the latest developments in state courts. Sean serves as Vice-Chair of the firm’s Directors & Officers Litigation practice (https://lewisbrisbois.com/services/directors-officers-litigation), and has represented corporations, alternative entities, and their respective directors, officers, shareholders, members, and managers, in complex litigation matters which frequently involve expedited proceedings and injunction practice. The trio discuss an LLC stalemate that spotlights when courts will dissolve a business, Tesla’s corporate bylaws shift following its relocation from Delaware to Texas, the reach of ADR and earnout fights, how fabricated records can sink a 225 Action in the Delaware Court of Chancery, and potential fees sanctions for flouting confidentiality. Listen to the full episode to get these experienced litigators’ insights.
17 Jun 2026
No Such Thing as “Local Counsel” in Delaware Court of Chancery (feat. Jonathan Blank from McGuireWoods)
In the inaugural episode of Delaware Corporate Litigation Insights, Francis (https://lewisbrisbois.com/attorneys/pileggi-francis-g-x) and Chauna (https://lewisbrisbois.com/attorneys/abner-chauna) welcome veteran trial lawyer Jonathan Blank of McGuireWoods (https://www.mcguirewoods.com/people/b/jonathan-t-blank/) to the show for a discussion on what every non-Delaware attorney needs to know about litigating in the Delaware Court of Chancery. From the unique role of Delaware counsel to the importance of collaboration in high-stakes corporate disputes, this episode offers practical insights from lawyers who have navigated some of the nation's most complex business litigation.
Jonathan is co-leader of McGuireWoods' Energy Industry Team and represents clients in complex commercial disputes involving wind, solar, biomass, mineral rights, royalties, construction, antitrust, fraud, and other business matters. An accomplished trial attorney, he has handled dozens of bench and jury trials, arbitrations, and appeals in state and federal courts across the country, bringing a national perspective to Delaware's unique litigation landscape.
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