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Ellis E. Herington and Douglass Herrman of Pepper Hamilton Ellis E. Herington and Douglass Herrman of Pepper Hamilton

A recent case from the Delaware Supreme Court, Leaf Invenergy v. Invenergy Renewables, C.A. No. 208, 2018, serves as a firm reminder of the importance of expectations in deal-making. Delaware courts will enforce the terms of well-drafted, unambiguous contracts. Clearly communicating and memorializing parties’ expectations in the terms of their contract puts parties in the best position possible to have their expectations enforced and receive the benefit of their bargain. The steep increase from the $1 in nominal damages awarded by the Delaware Court of Chancery to the $126 million damages award granted by the Supreme Court clearly illustrates how critical these drafting decisions can be.

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