In the recent decision of James R. Thompson, et al. v. ORIX USA Corporation, et al., C.A. No. 11746-CB (Del. Ch. June 3, 2016), the Court of Chancery ruled on cross summary judgment motions in connection with an advancement action.  Notably, and consistent with the established practice in this jurisdiction, the Court granted fees on fees for the portion of the case upon which plaintiff prevailed.

See below links to review summaries of other advancement decisions as they pertain to fees on fees:

Advancement: “Fees on Fees” Do Not Accrue Until Required Undertaking Submitted

Chancery Grants Advancement in Tulum, Along with Fees on Fees

Advancement – Court Rejects Contractual Requirement that Fees on Fees be Paid Even if Claim is Unsuccessful

Court of Chancery Rejects Defenses to Advancement – Fees on Fees Granted

Carl D. Neff is a partner with the law firm of Fox Rothschild LLP.  Carl is admitted in the State of Delaware and regularly practices before the Delaware Court of Chancery, with an emphasis on shareholder disputes. You can reach Carl at (302) 622-4272 or at cneff@foxrothschild.com.