A Memorandum Opinion issued by Vice Chancellor Lori W. Will on March 17, 2026 in Armaments Research Company, Inc. v. William O’Neil, C.A. No. 2025-0944-LWW (Del. Ch. Mar. 17, 2026) provides an important reminder about the limits of forum selection clauses in multi-agreement transactions. The court dismissed an AI weapons analytics company’s attempt to invoke
Earnouts, AI, and Equitable Remedies: Delaware Court Reinstates CEO and Extends Payout Clock
Earnout remedies are not limited to damages. In Fortis Advisors v. Krafton, the Delaware Court of Chancery awarded specific performance to reinstate a target company’s CEO and extend the earnout by the time that elapsed between the CEO’s wrongful, ChatGPT-informed termination and his restoration. The decision also highlights a growing business risk: executives’ direct
Ten Things: How to Market Yourself (and Build Your Brand)
My grandfather had a pretty corny sense of humor (which my daughters tell me is genetic… and potentially fatal). One of his favorite jokes was telling six-year-old me and my five-year-old brother that his basset hound kept elephants away from the house. We’d, of course, respond with, “There are no elephants in York, Nebraska, granddad.”
Geopolitics, Export Controls, and D&O Risk
Financial news sites were ablaze recently with the news that a co-founder and board member of the data server company Super Micro Computer had been indicted, along with two other company executives, for allegedly conspiring to smuggle high-end Nvidia chips into China, in violation of U.S. export control laws. With news that sensational, and in
What GSA’s New Draft AI Procurement Clause Could Mean for Your GSA Schedule Contract
On March 6, 2026, the General Services Administration (“GSA”) published a draft contract clause, GSAR 552.239-7001, “Basic Safeguarding of Artificial Intelligence Systems,” that would establish binding requirements for contractors using artificial intelligence (“AI”) under GSA Multiple Award Schedule (“MAS”) contracts.
The clause is part of a broader federal push to govern AI procurement.[1]
Power Supply Company Hit with AI-Related Securities Suit
The rise of Artificial Intelligence (AI)-based tools and applications has also meant the rise in AI-related infrastructure, such as data centers and power generation support. And just as we have seen the rise of securities litigation relating to companies’ adoption of AI tools and processes, we have also seen securities suits relating to AI infrastructure
People and Persons: A Necessary Distinction When Thinking about Firms, Ecology, and Artificial Intelligence
In two forthcoming book chapters, I argue for maintaining conceptual clarity about the difference between people – that is, the natural kind of the human species – and persons created as artificial entities with rights (and often but not always duties).[1] This distinction has long been recognized by philosophers and legal theorists, with one
The Corporation in the 21st Century: A Different Perspective on Shareholder Value
Webinar | April 16, 20261:00 p.m. – 2:00 p.m. ETRegister here.
As part of our Getting on Board series, join us for a book talk with Sir John Kay on the current state of corporations, how things have changed and what the future holds.
The Corporation in the 21st Century is a radical reappraisal
How Authors Lose Control in Publishing Deals and Media Rights Agreements
How Authors Lose Control in Publishing Deals and Media Rights Agreements by Beth B. Moore
How Authors Lose Control in Publishing Deals and Media Rights Agreements
If you are about to sign a publishing agreement or a producer has expressed interest in your work, you are deciding who controls that work across publishing, film, audio,
AI Made It. Now Who Owns It?
Artificial intelligence (AI) is rapidly becoming a part of the tools we use every day. AI can be found on our computers, our phones, our cars, and beyond. As AI systems grow more advanced, it becomes increasingly appealing to rely on them to generate content, ideas, and even finished works with little to no human