Delaware Supreme Court Upholds Constitutionality of Amendments to Delaware General Corporation Law Section 144

On February 27, 2026, the Delaware Supreme Court issued an en banc decision upholding the constitutionality of Senate Bill 21 (“SB 21”), a 2025 law that instituted sweeping changes to Section 144 of the Delaware General Corporation Law (“DGCL”). SB 21 has faced considerable controversy since its enactment. Supporters welcomed the amendments as a legislative “reset” designed to curtail the “DExit” movement. However, opponents of SB 21 dubbed the measure the “billionaire’s bill,” claiming that it... By: Katten Muchin Rosenman LLP