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Abigail M. LeGrow

Abigail M. LeGrow

Justice, Delaware Supreme Court

Appears in 1 story

Notable Quotes

The implied covenant is a 'tool of last resort,' reserved to address 'developments that could not be anticipated, not developments that the parties simply failed to consider.'

Stories

Delaware earnout litigation reshapes M&A deal terms

Rule Changes

Authored majority opinion reversing implied covenant finding

Delaware's courts rule on American corporate disputes. On January 12, 2026, the state's Supreme Court decided that when a merger agreement specifies a particular path to an earnout payment, courts won't rescue sellers who failed to negotiate alternatives.

Updated May 26