Insights

Morris Nichols attorney Kyle Pinder has a forthcoming article examining the potential sources of an inherent precatory proposal right. 

On August 21, 2025, Governor Matthew S. Meyer signed House Bill 103 (“Trust Act 2025”), updating Delaware trust law with new rules for purpose trusts, officeholder powers, beneficiary rights, and marital property.

Kyle Pinder summarizes the 2025 amendments to the Delaware General Corporation Law (DGCL), including key changes to conflict transaction approvals, stockholder inspection rights, forum selection provisions, and fee-shifting restrictions.

Eric Klinger-Wilensky, John DiTomo, and Kyle Pinder authored an article in The Corporate Governance Advisor analyzing the 2025 amendments to the Delaware General Corporation Law and their role in strengthening Delaware’s status as the premier jurisdiction for corporations.

Apoorva Gokare authored a commemorative article featuring pioneering South Asian lawyers in Delaware in the DSBA’s June 2025 Bar Journal.

Todd Flubacher co-authored an article for Steve Leimberg's Estate Planning Newsletter, issue #3220, along with Jocelyn Borowsky, and Michael R. Stein.

Zach Haupt and Reece Barker contributed five Delaware overviews to Thomson Reuters’ Practical Law Trusts and Estates.

Trusts & Estates attorneys Zach Haupt and Reece Barker contributed an article on no-contest clauses, which can reduce the risk of litigation by penalizing any beneficiary who asserts a baseless claim. They discuss how Delaware’s statutory and case law supports the use of such clauses, and recent cases providing guidance regarding what types of matters may be pursued notwithstanding the existence of such clauses. 

Delaware, the corporate home of a majority of US public companies and venture-backed private companies, has adopted important amendments to the Delaware General Corporation Law (DGCL) to provide additional protection and clarity for boards of directors and controlling stockholders. This client alert summarizes the changes which took effect on March 25, 2025 and apply retroactively to all acts and transactions, including demands to inspect books and records, unless legal proceedings were already commenced on or before February 17, 2025.

Zach Haupt and Matt Clark describe the fiduciary exception to the attorney-client privilege, summarize how the exception has developed in Delaware –a prominent trust jurisdiction and the state in which the leading case on the fiduciary exception derived– and provide examples of approaches adopted by states that do not recognize the fiduciary exception.

Designed for the unclaimed property professional and companies involved in Delaware unclaimed property audits and voluntary disclosure agreements, Morris Nichols’ Unclaimed Property Companion contains essential reference documents on Delaware and national unclaimed property law.

Bill Lafferty, John DiTomo, and Matt Clark contributed eight guides on Delaware litigation to Practical Law Litigation.

On Monday, February 17, 2025, the General Assembly publicly released proposed amendments to the Delaware General Corporation Law (“DGCL”).  The amendments, which we refer to as the “Balancing Amendments,” are intended to rebalance certain aspects of Delaware law relating to conflict transactions, controlling stockholder liability, and books and records demands. 

Morris Nichols’ M&A Checklist summarizes key cases decided by the Delaware courts. Now updated for 2025 and available in PDF format, it is an essential tool for M&A dealmakers.

Todd Flubacher recently co-authored an article discussing Delaware‘s new beneficiary well-being statute.

Lou Hering and Jason Russell contributed a Practice Note on Delaware Series LLCs to Thomson Reuters Practical Law.

Melissa DiVincenzo, Dave Harris, Matt Darby, and Emily LaSpina contributed an article to Bloomberg Law outlining several 2024 amendments to the Delaware General Corporation Law (DGCL) and the Delaware “alternative entity” statutes.

Kate Betterly authored an article explaining updated Delaware property tax reassessments

Morris Nichols’ Delaware Trust Law Companion is an invaluable resource for professionals whose practice involves Delaware trusts.

John DiTomo coauthored an article examining the key issues counsel should consider when litigating an appraisal action.