Jennifer Kay
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Articles by Jennifer Kay
Texas Political Earthquake Shakes Up Corporate Law, DExit Debate Original
For nearly three years, Texas has marketed “Y’all Street” to corporate leaders as a stable alternative to Delaware’s messy body of judge-made law. The sales pitch just got more complicated. The midterm electoral earthquake handed the governor’s mansion and one legislative chamber to Texas Democrats for the first time in a quarter-century.
This Week in Chancery Court: Tobacco, Foley and Weil, JPMorgan Original
A new chapter in a Big Tobacco fight over smoking-related settlement payments to the state of Florida will be argued this week in the Delaware Chancery Court. The highlights from the court calendar are all before the Veterans Day holiday: Tuesday: Philip Morris USA, Inc. v. Reynolds Am., Inc., Del. Ch., No. 2026-0158, hearing 11/10/26. At issue: seeks to exit a lawsuit brought by Philip Morris USA Inc. alleging unjust enrichment by the affiliate.
Kroger-Albertsons Trial Lays Bare a Merger Built on Mistrust Original
Michael Aiello’s wrap-up of legal work for Weil Gotshal & Manges – testifying in a Delaware courtroom just as his soon-to-be-former law firm was imploding – got to the heart of the failed merger between and The people working on the biggest US grocery deal ever were sure it was going to close, the M&A rainmaker who’d been Kroger’s deal counsel, told the Delaware Chancery Court, simply because that’s what had been announced to Wall Street, employees, and “everybody that was watching.”
Kroger-Albertsons Trial Lays Bare a Merger Built on Mistrust
Michael Aiello’s wrap-up of legal work for Weil Gotshal & Manges – testifying in a Delaware courtroom just as his soon-to-be-former law firm was imploding – got to the heart of the failed merger between and The people working on the biggest US grocery deal ever were sure it was going to close, the M&A rainmaker who’d been Kroger’s deal counsel, told the Delaware Chancery Court, simply because that’s what had been announced to Wall Street, employees, and “everybody that was watching.” The...
Kroger-Albertsons Trial Centers on Selloff Plan: Delaware Brief
More details are expected to emerge at trial this week about plans to sell off hundreds of grocery stores if Kroger and Albertsons had gotten regulatory approval for their $24.6 billion merger. Albertsons wants Chancery Court to order Kroger to pay over $9 billion for the deal’s failure. That includes a $600 million termination fee, which Kroger says Albertsons forfeit by failing to meet its own contract obligations.
Microsoft-Activision $250 Million Class Action Accord Approved Original
The Delaware Chancery Court’s chief judge overruled objections brought by a group of merger arbitrage funds with parallel securities claims pending in federal court. Those objections, though “framed as limited in scope,” have potentially “far-reaching consequences,"Chancellor Kathaleen St. Jude McCormick said in a 42-page ruling.
Albertsons CEO Talks About Her Loyalty During Kroger Merger Try Original
CEO Susan Morris on Friday defended her loyalty to the supermarket chain and its planned $24.6 billion merger with , a deal blocked by courts for antitrust reasons. A Delaware Chancery Court trial aims to determine whether Kroger is to blame for the merger’s failure.
Kroger’s ex-CEO defends effort to close failed Albertsons deal
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Former Kroger CEO defends effort to close failed Albertsons merger
Kroger Co.’s former chief executive officer testified in court that the grocery giant did what it was required to do to secure regulatory approval for a $24.6 billion merger with Albertsons Co., which is now demanding damages after the deal was blocked for antitrust reasons. Rodney McMullen told Delaware Chancery Court Judge Lori Will on Tuesday, Oct.
Kroger’s Ex-CEO Defends Effort to Close Failed Albertsons Deal Original
’s former chief executive officer testified in court that the grocery giant did what it was required to do to secure regulatory approval for a $24.6 billion merger with , which is now demanding damages after the deal was blocked for antitrust reasons. told Delaware Chancery Court Judge on Tuesday that the transaction “was just doomed from the beginning, unfortunately,” because of stiff resistance from the US Federal Trade Commission under then-chair to mergers generally.
Business Courts Multiply, But Judicial Talent Pools Look Alike Original
For all the incentives Delaware and its closest competitors hope to offer companies and controllers, specialized state business court benches mostly look the same — stacked with corporate and commercial lawyers. Judges on the nation’s six stand-alone, specialized state business courts, plus Nevada’s pilot program, all spent the bulk of their careers as corporate lawyers, according to a review of 24 judicial biographies. Five of them worked for Big Law firms.
Business Courts Multiply, But Judicial Talent Pools Look Alike
For all the incentives Delaware and its closest competitors hope to offer companies and controllers, specialized state business court benches mostly look the same — stacked with corporate and commercial lawyers. Judges on the nation’s six stand-alone, specialized state business courts, plus Nevada’s pilot program, all spent the bulk of their careers as corporate lawyers, according to a review of 24 judicial biographies. Five of them worked for Big Law firms.
Business Courts Multiply, But Judicial Talent Pools Look Alike
For all the incentives Delaware and its closest competitors hope to offer companies and controllers, specialized state business court benches mostly look the same — stacked with corporate and commercial lawyers.
Ex-Kroger CEO to Testify on Scuttled Megamerger: Delaware Brief
Kroger is expected to call ex-CEO Rodney McMullen to testify in a Wilmington courtroom as the grocery giant tries to avoid paying over $9 billion more to Albertsons over their failed megamerger. That’s potentially “a wild card” for Kroger, Armstrong Teasdale’s Monte Mann told me. McMullen, who could testify as soon as today, abruptly resigned in 2025 after a board investigation into his personal conduct. Details about that departure were shielded earlier in the litigation.
Albertsons’ Former CEO Blames Kroger for Merger’s Collapse (2)
The former chief executive officer of told a judge that rival was to blame for the failure of a planned $24.6 billion merger of the two largest US grocery store chains. During the first day of testimony Monday at a trial to determine whether Albertsons is entitled to damages, said Kroger executives didn’t do “everything they could” as required by their merger agreement.
Albertsons’ Former CEO Blames Kroger for Merger’s Collapse (1)
The former chief executive officer of told a judge that rival was to blame for the failure of a planned $24.6 billion merger of the two largest US grocery store chains. During the first day of testimony Monday at a trial to determine whether Albertsons is entitled to damages, said Kroger executives didn’t do “everything they could” as required by their merger agreement.
Kroger, Albertsons to call ex-CEOs to testify over failed deal
Show Caption Hide Caption Sprouts Farmers Market to open first Michigan store According to city officials, Sprouts Farmers Market will occupy one half of the building at 22332 Nine Mile, alongside Planet Fitness, which occupies the other half. Almost two years after they failed to complete the largest U.S. grocery chain merger ever, Albertsons Cos.
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Albertsons, Kroger to Call Ex-CEOs to Testify Over Failed Deal Original
Almost two years after they failed to complete the largest US grocery chain merger ever, and are set to take their legal fight before a judge in a case that could have implications for any large deals that face antitrust scrutiny from regulators. Former chief executive officers from both companies are among those slated to testify at a two-week trial starting Monday in Delaware Chancery Court. At issue is whether Kroger was responsible for the collapse of the $24.6 billion deal.
Grocery giants play $9 billion blame game
The latest court action and major players in Delaware
This Week in Chancery Court: Albertsons, Kroger, Nestlé, Freshly
Two food-related disputes are slated for upcoming trials in the Delaware Chancery Court: ’ failed merger with , and Freshly’s acquisition by affiliates. There’s no holiday in Delaware courts this week, even if Monday is a federal one. Here’s a look at what’s scheduled in Chancery Court: At issue: A five-day trial opens Monday in a lawsuit where former Freshly Inc.
Albertsons, Kroger, Nestlé, Freshly
Two food-related disputes are slated for upcoming trials in the Delaware Chancery Court: Albertsons' failed merger with Kroger, and Freshly's acquisition by Nestlé affiliates.
Empery, Apollo SPAC Suit Settlement
Before its upcoming annual meeting, Empery Digital Inc. will ask Delaware's highest court to reverse an order that would allow shareholders to vote on an activist hedge fund's nominees to the Bitcoin treasury company's board.
This Week in Chancery Court: Empery, Apollo SPAC Suit Settlement
Before its upcoming annual meeting, Empery Digital Inc. will ask Delaware’s highest court to reverse an order that would allow shareholders to vote on an activist hedge fund’s nominees to the Bitcoin treasury company’s board. Here’s a look at the court calendars for the week ahead: At issue: The Delaware Supreme Court accepted an interlocutory appeal of a Chancery Court order regarding Empery’s Oct. 14 annual meeting.
Delaware Corporate Attorney Confirmed as Next Chancery Judge
The Delaware Senate on Thursday approved Gov. Matt Meyer’s nominee to fill a seat on the Chancery Court bench. Kyle Lachmund, a partner at Richards Layton & Finger PA, will join the premier M&A venue, succeeding Morgan T. Zurn. The state Senate voted without debate to confirm Lachmund’s appointment, with 19 senators appoving and two absent.
Delaware Corporate Attorney Confirmed as Next Chancery Judge (1)
The Delaware Senate on Thursday approved Gov. Matt Meyer’s nominee to fill a seat on the Chancery Court bench. Kyle Lachmund, a partner at Richards Layton & Finger PA, will join the premier M&A venue, succeeding Morgan T. Zurn. The 21-member state Senate voted without debate to confirm Lachmund’s appointment, with 19 senators appoving and two absent.
Delaware Corporate Attorney Confirmed as Next Chancery Judge
The Delaware Senate on Thursday approved Gov. Matt Meyer's nominee to fill a seat on the Chancery Court bench.
Hudl, PlayOn Debate Section 230 Immunity in Streaming Dispute
Hudl Inc.'s default settings enabling livestreaming for high school sporting events make the video analytics platform a content creator that can't claim to be shielded by internet immunity laws, rival network PlayOn said Thursday.
Hudl, PlayOn Debate Section 230 Immunity in Streaming Dispute
Hudl Inc.’s default settings enabling livestreaming for high school sporting events make the video analytics platform a content creator that can’t claim to be shielded by internet immunity laws, rival network PlayOn said Thursday. Hudl seeks to exit claims in the Delaware Chancery Court that it has interfered with PlayOn’s exclusive school licenses.
Chancery Court Nominee Set for Confirmation Vote: Delaware Brief
The latest court action and major players in Delaware
Delaware Chancery Nominee Poised for Lawmakers’ Confirmation (1)
The Delaware governor’s nominee for a vacancy on the state’s elite M&A tribunal pledged Tuesday to uphold the legal principles that grant deference to corporate managers in their decision-making.
Delaware Chancery Nominee Poised for Confirmation by Lawmakers
The Delaware governor's nominee for a vacancy on the state's elite M&A tribunal pledged Tuesday to uphold the legal principles that grant deference to corporate managers in their decision-making.
Delaware Chancery Nominee Poised for Confirmation by Lawmakers
The Delaware governor’s nominee for a vacancy on the state’s elite M&A tribunal pledged Tuesday to uphold the legal principles that grant deference to corporate managers in their decision-making.
This Week in Chancery Court: Judicial Confirmation, Amazon Files
The governor’s nominee for a vacancy on the Delaware Chancery Court bench, Kyle Lachmund of Richards Layton & Finger PA, is scheduled this week for a confirmation hearing in the state Senate. Lachmund will take questions Tuesday from the Delaware Senate’s Executive Committee, a required step before the full chamber can confirm his appointment to the bench.
Vividion’s $2 Billion Sale Price Probed by Delaware Justices (1)
Delaware’s highest court examined Wednesday whether would have paid more than $2 billion for Vividion Therapeutics Inc. to keep the rights to a valuable patent that went instead to a competing pharmaceutical startup. Venture capital firm Cardinal Partners argued that Bayer would have paid a higher price “if it had known the truth” because the German pharmaceutical giant wanted to acquire all of Vividion’s intellectual property.
Vividion’s $2 Billion Sale Price Examined by Top Delaware Court
Delaware’s highest court probed Wednesday whether would have paid more than $2 billion for Vividion Therapeutics Inc. to keep the rights to a valuable patent that went instead to a competing pharmaceutical startup. Venture capital firm Cardinal Partners argued that Bayer would have paid a higher price “if it had known the truth” because the German pharmaceutical giant wanted to acquire all of Vividion’s intellectual property. The case is CHP III LP v.
OppFi’s Blank-Check Merger Challenge Settles for $13 Million
A Delaware judge approved Tuesday a $13 million cash settlement to end litigation over OppFi Inc.’s blank-check merger in 2021. The accord resolves class action claims in Delaware Chancery Court that the directors and officers of FG New America Acquisition Corp., the special purpose acquisition company that combined with OppFi to take it public, misled shareholders into a conflicted deal. “This case traverses the well-trodden path of de-SPAC litigation,” Vice Chancellor Paul A.
GOP Loses Effort to Limit Voting-by-Mail at Delaware’s Top Court
Delaware’s top court on Monday upheld state laws granting permanent absentee voter status for eligible state residents, the latest blow to GOP efforts to limit mail-in ballots ahead of the US midterm elections. “The statute as written regulates permanent absentee voting but does not permit permanent absentee voting by Delawareans ineligible to vote absentee,” Chief Justice Collins J. Seitz Jr. said in an opinion for the full five-member Delaware Supreme Court.
Empery DAT Proxy Fight Will Get Delaware Supreme Court Review
Delaware’s highest court will review a judge’s order for Empery Digital Inc. to allow shareholders to vote on an activist hedge fund’s nominees to the Bitcoin treasury company’s board at its upcoming annual meeting. The Delaware Supreme Court agreed Friday to hear a mid-case appeal in litigation over ATG Capital Opportunities Fund LP’s plan to access the Empery shareholder ballot as part of a proxy fight it’s trying to wage.
This Week in Chancery Court: Corporate Voting, Vividion Appeal
An unusual dispute over voting rights held by “artificial entities” in one small town heads to the Delaware Supreme Court this week. Here are the highlights from the justices’ calendar as well as Delaware Chancery Court dockets: Monday: Guerra vs. Snap, Inc., Del. Ch., No. 2024-1009, oral arguments 9/21/26. At issue: A magistrate in Chancery dismissed a lawsuit claiming Popwallet Inc.
Delaware Chancery Pick Is Corporate Lawyer, Ex-Laster Clerk (1)
A corporate attorney from one of Delaware’s oldest and largest law firms has been nominated to become the newest vice chancellor to shape corporate law atop the state’s renowned business court. Kyle Lachmund of Richards, Layton & Finger PA “has built his career around Delaware corporate law and the Court of Chancery, the world’s leading business court,” Gov. Matt Meyer (D) said in a statement Friday. Lachmund’s appointment to the Chancery Court must be confirmed by the Delaware Senate.
Delaware Chancery Pick Is a Corporate Lawyer and Ex-Laster Clerk
A corporate attorney from one of Delaware’s oldest and largest law firms has been nominated to become the newest vice chancellor to shape corporate law atop the state’s renowned business court. Kyle Lachmund of Richards, Layton & Finger PA “has built his career around Delaware corporate law and the Court of Chancery, the world’s leading business court,” Gov. Matt Meyer (D) said in a statement Friday. Lachmund’s appointment to the Chancery Court must be confirmed by the Delaware Senate.
Delaware Chancery Pick Is Corporate Lawyer, Ex-Laster Clerk (2)
A corporate attorney from one of Delaware’s oldest and largest law firms has been nominated to become the newest vice chancellor to shape corporate law atop the state’s renowned business court. Kyle Lachmund of Richards, Layton & Finger PA “has built his career around Delaware corporate law and the Court of Chancery, the world’s leading business court,” Gov. Matt Meyer (D) said in a statement Friday. Lachmund’s appointment to the Chancery Court must be confirmed by the Delaware Senate.
Hedge Funds Slammed by Judge for Pay Demand in Agiliti Fight
A Delaware judge expressed frustration with two hedge funds trying to make sure their arbitrage bets are safe by potentially tapping into a class-action settlement over the $2.5 billion buyout of medical equipment company and sought appraisal in Delaware Chancery Court in 2024 hoping a judge would award them more than the $10 per share paid by .
Delaware Justices Grill GOP in Fast-Tracked Vote-by-Mail Case
Sept. 16, 2026, 9:39 PM UTC A broad GOP effort to restrict voting by mail appeared to hit another roadblock Wednesday at the Delaware Supreme Court, a day after getting rejected at the nation’s highest court. “We apply a presumption of eligibility to people who vote in person — once you’ve registered, you don’t in each subsequent election have to prove your continuing eligibility to vote,” Justice Abigail M. LeGrow said in a hearing that followed Delaware’s Tuesday primary election.
Delaware Justices Grill GOP in Fast-Tracked Vote-by-Mail Case
A broad GOP effort to restrict voting by mail appeared to hit another roadblock Wednesday at the Delaware Supreme Court, a day after getting rejected at the nation’s highest court. “We apply a presumption of eligibility to people who vote in person — once you’ve registered, you don’t in each subsequent election have to prove your continuing eligibility to vote,” Justice Abigail M. LeGrow said in a hearing that followed Delaware’s Tuesday primary election.
Microsoft-Activision Deal Settlement on Hold Over Objections (1)
A Delaware judge held off Tuesday on approving a $250 million cash settlement to resolve a shareholder class action challenging the terms of acquisition of Chancellor Kathaleen St. Jude McCormick said she needed time to consider objections brought by a group of merger arbitrage funds with pending parallel federal securities claims.
Roblox Rejects ‘Police State’ Tag in Defending Safety Suit (1)
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Roblox Rejects ‘Police State’ Tag in Defending Safety Suit (1)
is touting its efforts to balance user privacy and safety, in response to shareholders blaming its senior leaders for exposing the gaming giant to allegations of deceptive business practices and facilitating child exploitation. “Roblox is not a police state,” company attorney Doru Gavril of Freshfields US LLP told the Delaware Chancery Court on Thursday. The company seeks to exit consolidated derivative litigation that it says parrots federal securities claims that have already been dismissed.
Roblox Says It’s ‘Not a Police State’ in Defending Safety Suit
is touting its efforts to balance user privacy and safety, in response to shareholders blaming its senior leaders for exposing the gaming giant to allegations of deceptive business practices and facilitating child exploitation. “Roblox is not a police state,” company attorney Doru Gavril of Freshfields US LLP told the Delaware Chancery Court on Thursday during a hearing seeking to dismiss a consolidated derivative lawsuit. The case is In re Roblox Corp. Derivative Litig., Del.
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