One of the most important concepts in civil litigation is “What is not in the acts, is not in the world.” In plain English, this means that courts rely on the record and admitted evidence to make decisions. If an...
Category: Stockholder Litigation
Demand Futility Explained
August 24, 2026
Demand futility is a core concept in Delaware corporate litigation that permits an individual stockholder to sue on behalf of a company without first seeking the board of directors’ permission. In Delaware, corporate...
How the Business Judgment Rule Works
August 10, 2026
The business judgment rule is a legal principle in Delaware that presumes corporate directors are acting (1) in the company’s best interests, (2) on an informed basis, and (3) in good faith. If you are a stockholder in a...
Direct vs. Derivative Lawsuits Explained: Which One Protects Your Rights as a Delaware Stockholder?
July 17, 2026
When corporate leadership breaches their legal duties to the company, stockholders have options to hold the wrongdoers accountable. There are two main types of Delaware stockholder litigation: direct and derivative lawsuits....
As an investor in a Delaware corporation, you expect the board of directors to protect your financial interests and make sound business decisions. However, boards often violate their duties through gross negligence or...