Delaware Litigation 2017: Assessing Trends At Year-End

By Jeffrey Wolters and Nathan Emeritz ( December 20, 2017, 2:11 PM EST) -- Litigation in Delaware in 2017 has somewhat turned on its head the long-held expectation that "every public deal draws a lawsuit" but "private company stockholders rarely sue." Early indications that public company deal litigation would decrease in Delaware courts have proven to be accurate through 2017. Yet the Delaware Court of Chancery has been busier than ever — so much that Chief Justice Leo Strine has requested that the Delaware General Assembly approve two new seats on that court. It appears that public company strike suits have been replaced by other types of litigation in Delaware — including private company cases, governance and post-closing contract disputes, and appraisal claims. We expect these litigation trends to continue into 2018....

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