Let me be blunt. I’m a Delaware commercial litigation attorney.
I’ve lost motions in Delaware.
I’ve gotten chewed out by judges in Delaware.
I’ve had a minute order filed because our courtesy copies weren’t stapled correctly.
So no—this isn’t some worship piece.
But if you’re asking me where to file a complex business dispute—especially something involving corporate governance, shareholder fights, board drama, or equity breakdowns—then yeah. More often than not, I’ll take Delaware for a business litigation dispute.
And here’s why.
1. When it Comes to Commercial Litigation, Delaware Judges Actually Know What They’re Doing
Let’s start with the obvious.
Delaware does corporate litigation. And I mean actual corporate litigation—not just “representing corporations.”
Because quick PSA:
If you’re defending trucking accidents for State Farm, you’re not a corporate litigator.
If you’re doing employment defense at a BigLaw outpost, you’re still not a corporate litigator.
If you’re representing Fortune 500 in mass torts defense, while that’s definitely high stakes, it’s still not corporate litigation.
Corporate litigation = the law of corporations. Board structure. Fiduciary duty. Derivative standing. Books and records. Entire fairness. You get it.
And in Delaware, they really get it.
The Court of Chancery has a roster of Vice Chancellors and Magistrates who are trained specifically in corporate law. These judges know the case law, the statutory background, the subtext, the commentaries—and in most cases, the real business issues underneath.
Are they perfect? Nope.
Will you win every time? Definitely not.
Will you feel heard and respected? Usually, yes.
One of the things I admire about Vice Chancellor Laster—someone I personally respect a great deal—is that he once said he wishes he could write shorter opinions. But he writes long ones so every party feels like their side was taken seriously.
And when you’re in the middle of a $100M equity fight, you want someone who reads the record and doesn’t just rule from the bench after scanning the docket for 3 seconds between dog bite cases.
This isn’t hypothetical.
In a 2022 Maryland Supreme Court case over who actually owned a major grocery store chain—featuring claims of shareholder oppression and breach of fiduciary duty—the trial court dismissed the case orally, from the bench, without a written opinion.
That’s not a knock on the Maryland judge. They probably had a crushing docket, criminal cases with speedy trial deadlines, and limited law clerk support. But here’s the question:
If you were fighting over control of a company that pulls in eight figures of revenue and employs hundreds, would you want your fate decided like that?
Or would you want a Vice Chancellor who writes a 90-page opinion explaining exactly why you won—or lost?
2. The Judges Care About Commercial Litigation (Sometimes More Than You’d Expect)
Here’s something nobody talks about:
Delaware judges care about their reputation in business law.
I don’t mean that in a bad way. I mean that they identify with it.
This is a state that has built its legal brand on being the home of corporate America. And while that brings its own challenges (see: the TransPerfect mess, or the fallout from the Elon Musk–Twitter/McCormick situation), it also means that:
- They take corporate law seriously
- They take their opinions seriously
- They take your case seriously
When Chancellor McCormick ruled in favor of enforcing Elon’s merger agreement with Twitter, the entire country paid attention. And when Vice Chancellor Laster ruled in the Moelis case (City of West Palm Beach Firefighters v. Moelis & Co.), the legislature got involved. The Governor got involved. The code changed.
That doesn’t happen unless people care.
Granted, there are downsides to this which are outside the scope of this post, but here’s the bottom line:
In most states, corporate cases are the side show. In Delaware, they’re the main act.
3. It’s Not Just Chancery: The Whole Legal Culture Is Elevated
Everyone talks about Chancery (and for good reason), but even Delaware Superior Court’s Complex Commercial Litigation Division (CCLD) is solid. Federal court in Delaware is no joke either. These judges come prepared, understand how to move cases forward, and expect lawyers to be professionals.
Here’s what you get:
- Written opinions that actually explain the rationale
- Hearings where the judge has read the briefs
- Judges who understand how M&A works, how fiduciary breaches play out, and how real businesses function
If you’ve ever litigated in… let’s say, certain other forums, you know how rare that is.
Meanwhile, our firm recently had a complex case in the commercial division of the Delaware Superior Court. The judge read every case, knew the facts, and gave us almost 3 hours to build our record and dissect every issue. By contrast, the Supreme Court argument in Bush v. Gore that decided a federal election, took 2 hours.
Overkill? Some could argue. But we thought it was precision—and it’s refreshing to be before judges who actually appear to care about your case, regardless of how they rule.
And even though it’s a small state, Delaware has big-league legal infrastructure. From procedural rules to electronic filing systems to motion practice—it’s all designed to serve serious litigation.
4. Yes, It’s Expensive. But It’s Usually Worth It.
I’m not going to sugarcoat this: Delaware isn’t cheap.
Filing fees are higher.
The level of briefing is intense.
Every motion could be treated like it’s the last one before the Second Coming.
But here’s the thing: it’s more predictable.
And in litigation, predictability is underrated.
In New York or California, you could have a judge who doesn’t care about your case until trial.
In fact, in New York, if you can’t get into a commercial division, you might not even get a trial judge until a few weeks before trial.
In Delaware, you’ll have a judge who wants to see the operating agreement, the cap table, and the context for every decision your board ever made.
And yes, they’ll file a minute order if your exhibits aren’t bound properly.
But they’ll also issue a 90-page opinion that lays out the facts, the law, and the reasoning. You might not like it—but you’ll understand it.
5. The Bar Is Small (And That’s a Feature, Not a Bug)
One reason Delaware works? Its legal community is tight.
There’s no reciprocity. If you want to practice in Delaware, you have to take the bar exam. You also have to clerk or train under a Delaware lawyer for several months and complete a checklist of in-state observations.
This is not a drive-thru jurisdiction.
But the result is a legal community where people know each other. And where scorched-earth tactics are less tolerated. Do they happen? Yes. Do judges always shut it down? Unfortunately, no.
But, in the aggregate, there’s a level of mutual respect and cultural professionalism that makes a difference.
Also: don’t underestimate the supply-and-demand dynamics. The pool of lawyers who are:
- Smart enough to do complex commercial work
- Actually want to do it
- Willing to take the Delaware bar
…is tiny. That drives cost. But it also drives excellence.
For more on this see our post: Why is Commercial litigation so expensive in Delaware.
What About Federal Court?
Let me be clear—I actually like federal court. A lot. Especially for commercial disputes. Some of the best judges I’ve seen were on the federal bench. And if your case involves out-of-state parties, securities laws, or certain contract claims, federal court might be your only option.
And to be fair, federal court has its perks:
- Streamlined filings. PACER may be clunky, but it works.
- Less nitpicking. No clerk is kicking back your filing because you forgot the judge’s middle initial. (Yes—that really happened to us in Chancery.)
- No obsessive formality. Nobody’s lecturing you about staple orientation or tab color.
- National consistency. Federal court is basically the same everywhere. Some local quirks (looking at you, Central District of California with your numbered motions, you New York with your redundant rule 56.1 statements, and especially you Eastern District of Virginia with your bizarre aversion to cell phones or laptops in court—it’s 2025), but it’s nothing you can’t handle with a read of the local rules.
But here’s the tradeoff: you’re sharing the judge’s attention.
Federal judges handle everything. Criminal cases. Immigration. Employment disputes. ERISA claims. Habeas petitions. Social security appeals. Your $50M business dispute? It’s in line behind someone arguing about back pay at the USPS.
I saw this up close when I worked for a respected federal judge in D.C. One day, we were neck-deep in a high-stakes immigration case that was making international news. And we had to stop—literally stop everything—to handle a case about a guy with a felony record who brought a gun into a D.C. park to shoot bottles while high. (Yes, really.) He ran from the cops, threw the gun, had a breakdown mid-trial, tried to fire his lawyer, and then we spent hours sorting that out.
Side note: I was in the Army for 8 years, and I think I learned more about guns working for a federal judge in D.C. Google what a “leg” is. I’m being facetious, but I think that makes the point.
Why? Because under the Constitution, criminal defendants have the right to a speedy trial. Miss that deadline, and they could walk free.
Meanwhile, your business dispute sits.
And here’s something else people don’t talk about: who becomes a federal judge?
To be clear, federal judges are very smart. But most come from the ranks of former prosecutors. That’s the most common path. Public defenders and civil rights lawyers are increasingly getting appointed too, which is great. We need that range of life experience on the bench.
But here’s the point: very few of them were serious corporate litigators. Most have never argued a breach of fiduciary duty case. Most didn’t spend years parsing through indemnification clauses, board resolutions, or derivative standing rules. They’re learning corporate law on the bench.
Delaware Chancery? That’s different. These judges are specialists. Corporate law is the job. Their entire docket is shareholder fights, board disputes, M&A collapses, busted SPAC deals, equity dilution fights, and every flavor of fiduciary sniping imaginable. They are steeped in this world.
So yes, federal court has benefits. It’s often cheaper. It’s more relaxed procedurally. You can get talented judges who are fair and sharp.
But if you’re in a fight over the soul of a company?
Delaware’s where you usually want to be.
And in most situations, we’ll pick the Delaware Chancery Court .
Final Word: You Want a Judge Who Reads the Operating Agreement in Business Litigation
At the end of the day, here’s my test:
If your business litigation dispute turns on corporate control, shareholder fights, fiduciary breaches, or fundamental contract terms—you want a judge who knows what they’re reading.
Do you want to put your $10M Series B dispute in front of a judge whose docket is mostly DUIs, domestic violence, and dog bites? (That’s not a dig. That’s just how most state courts work.)
Or do you want a judge who’s written five published opinions on demand futility, and once ruled on a books-and-records action that went up to the state Supreme Court?
That’s Delaware.
It’s not perfect. It’s not cheap. But if the survival of your company is on the line?
It’s where you want to be.
We’re Equal Justice Solutions. We’re a business litigation firm that handles corporate and commercial disputes in Delaware and beyond. And yeah—we don’t always win. But we know how the game works. If you’ve got a dispute worth fighting, let’s talk.