In an earlier post, I noted the Cloudflare litigation pending before the Delaware Chancery Court.
In it, I noted that:
But the case is being heard by Vice Chancellor Travis Laster. Laster has consistently criticized SB 21, defended the pre-SB 21 case law (much of which he wrote), and criticized those of us who argued that the pre-SB 21 case law as it developed on his and Chancellor Kathaleen McCormick’s watch was seriously flawed.
It will be interesting to see how Laster now interprets the very statute he opposed.
Now we know: In re Cloudflare, Inc. Stockholder Litig., No. CV 2026-0772-JTL, 2026 WL 3093369 (Del. Ch. Oct. 16, 2026). Opinion here.
Like so many Laster opinions, the [expletive deleted] thing is a doorstop. It’s a whopping 61 pages on Westlaw, exclusive of footnotes. The PDF version of the opinion as issued by the court comes in at a disturbing 145 pages. Speaking purely as a casebook author, how the [expletive deleted] am I supposed to edit that down into a 20-odd page case that students might actually read?
In this post, I’m going to focus on Laster’s interpretation of SB 21 rather than the facts or his application of the law to those facts.