Evan Sweeney

In a decision with implications for M&A deal structuring, the Delaware Superior Court’s Complex Commercial Litigation Division, in Prosser, et al. v. Pharmalogic Holdings Corp., allowed sellers to proceed with a breach of contract claim alleging that a buyer deliberately manipulated operations to avoid triggering a $6.6 million earnout payment. The decision underscores that courts may look beyond the face of routine business decisions when the timing and circumstances suggest possible bad faith.

Author: Evan Sweeney Published: 18 Jul 2026 Publication Type: Announcement Synopsis: This article reports on the launch of The Access Archive, a ten-part digital video series created by writer, consultant, and advocate Evan Sweeney to document adaptive living, barrier-free design, and everyday disabled joy on the community's own terms.

On April 13, 2026, the Delaware Supreme Court, sitting en banc, reversed the Court of Chancery and held that Section 1110 of the Employee Retirement Income Security Act of 1974 ("ERISA") does not bar the advancement of litigation expenses from fund assets when such advancement is sought for the defense of state-law claims and is conditioned on a written undertaking to repay. The decision in Invictus Global Management, LLC et al. v.