No Swerving from Fraud: Delaware Tests the Post-Fortis Landscape

Litigation attorney Matthew Grosack examines the evolving post-Fortis landscape in an article republished by Deal Lawyers. Using In re SwervePay Acquisition, LLC as a central example, he explains how statements about existing business facts can create substantial post-closing fraud exposure when an agreement lacks specific anti-reliance protections. 

The analysis gives transaction counsel practical drafting considerations for managing that risk, including bilateral anti-reliance provisions and language that expressly addresses prejudgment interest across contract and tort claims. It also explains why a successful fraud claim does not automatically entitle the prevailing party to recover attorneys’ fees under Delaware law.

READ: No Swerving from Fraud: Delaware Tests the Post-Fortis Landscape