Jacob Croke, Co-Head of Sullivan & Cromwell’s Corporate Governance Litigation Practice, discussed key corporate litigation trends expected to shape the Delaware court system in 2026 with Delaware Business Court Insider, offering insight on Caremark-related oversight litigation and additional earnout disputes.
“These disputes have become increasingly common, particularly in transactions involving growth-stage businesses, and the Delaware courts have done an admirable job in moving the existing litigations along and continuing to develop the case law in a way that offers helpful guidance for many of the most common earn-out related disputes,” Jake said. “That said, given the fact-intensive nature of these disputes and the stakes involved, I think we’re going to continue to see more of these cases in 2026 and beyond.”
Read: “‘Opportunity for Protection’: What to Expect in Delaware Corporate Litigation in 2026”