Partner Ashley McDow published an article in Thomson Reuters Westlaw titled: “Ultra Vires-Mean Lien Fighting Machine.”
The article provides both health care and restructuring practitioners with a fundamental framework that will enable them to evaluate the potential benefit that pursuing an ultra vires action as part of an overall readjustment can provide. Armed with this analysis, the decision on whether to embark down the chapter 9 path of the bankruptcy code will be at the very least a more informed one.
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Delaware Chancery Rejects “Race to the Courthouse” in Enforcing Texas Exclusive Forum Bylaw, Dismissing Three Derivative Lawsuits filed before Tesla’s Redomestication
On April 13, 2026, the Delaware Court of Chancery dismissed three derivative suits in In re Tesla, Inc. Derivative Litigation based on Tesla’s forum selection bylaw requiring that those lawsuits be brought in Texas. All three derivative lawsuits were filed after Tesla announced its proposal to redomesticate and adopt a Texas exclusive forum bylaw but before the redomestication and amended bylaw became effective after shareholder approval.