Delaware Supreme Court Upholds Constitutionality Of Senate Bill 21

On February 27, 2026, the Delaware Supreme Court, sitting en banc, affirmed the constitutionality of Delaware Senate Bill 21 (“SB 21”), which amended Section 144 of the Delaware General Corporation Law (“DGCL”) to alter the standard of review applicable to certain controlling stockholder transactions. Rutledge v. Clearway Energy Group LLC, No. 248, 2025, 2026 WL 548504 (Del. Feb. 27, 2026). The decision resolves the constitutional uncertainty that had surrounded the amendments since their... By: A&O Shearman