Kaan Ekiner, writing in the Delaware Business Court Insider, discusses Leiske v. Kidd, 2026 WL 265493 (Del. Ch.), a case where the plaintiffs sought advancement for their involvement by reason of their corporate status as managers of an LLC. At the time the advancement action was filed, the parties had been involved in an out-of-state action, an arbitration, and a separate Chancery action for books and records. Vice Chancellor Lori W. Will resolved exceptions taken to a magistrate’s report that recommended advancement for claims arising out of a deterioration of the parties’ business relationship. This decision provides practitioners with several illustrations that affirm certain bedrock principles of Delaware law, including Delaware’s policy favoring advancement, the interpretation of agreements based on their plain language, and the awarding of fees-on-fees in instances where advancement is refused.
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