The Harvard Law School Forum on Corporate Governance https://corpgov.law.harvard.edu The leading online blog in the fields of corporate governance and financial regulation. Wed, 01 Jul 2026 11:32:08 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.8 https://corpgov.law.harvard.edu/wp-content/uploads/2024/02/cropped-photography-4-e1706898544564-1-32x32.png Delaware Court of Chancery Dismisses Stockholder Claims as Derivative, Unripe, and Untimely – The Harvard Law School Forum on Corporate Governance https://corpgov.law.harvard.edu 32 32 Delaware Court of Chancery Dismisses Stockholder Claims as Derivative, Unripe, and Untimely https://corpgov.law.harvard.edu/2026/06/29/delaware-court-of-chancery-dismisses-stockholder-claims-as-derivative-unripe-and-untimely/?utm_source=rss&utm_medium=rss&utm_campaign=delaware-court-of-chancery-dismisses-stockholder-claims-as-derivative-unripe-and-untimely https://corpgov.law.harvard.edu/2026/06/29/delaware-court-of-chancery-dismisses-stockholder-claims-as-derivative-unripe-and-untimely/#respond Mon, 29 Jun 2026 11:30:32 +0000 https://corpgov.law.harvard.edu/?p=182158?d=20260629120151EDT Posted by Robin Wechkin and Madison Ferraro, Sidley Austin LLP, on Monday, June 29, 2026
Editor's Note:

Robin Wechkin is a Counsel and Madison Ferraro is a Managing Associate at Sidley Austin LLP. This post is based on their Sidley memorandum and is part of the Delaware law series; links to other posts in the series are available here.

On April 13, 2026, the Delaware Court of Chancery dismissed all 12 claims asserted in The Gregory M. Raiff 2000 Trust v. Jenzabar, Inc., 2026 WL 992587 (Del. Ch. Apr. 13, 2026). Some claims were exclusively derivative, some were unripe, some were time-barred, and some were deficient for a combination of these reasons. The court cited Brookfield’s holding that dilution claims without more are derivative and rejected the plaintiffs’ contention that their claims fell within two exceptions to Brookfield. The opinion also reinforces the well-established distinction between indemnification and advancement of fees and illustrates the perils for plaintiffs who file too early or too late.

(more…)

]]> https://corpgov.law.harvard.edu/2026/06/29/delaware-court-of-chancery-dismisses-stockholder-claims-as-derivative-unripe-and-untimely/feed/ 0