June 26, 2026
Willkie, together with Morris Nichols, successfully represented MEPUS Holdings, a subsidiary of Mitsui & Co., Ltd., in a suit in the Delaware Court of Chancery seeking to nullify the certificate of cancellation of MitEnergy Upstream LLC, a former Mitsui subsidiary and dissolved Delaware LLC, in order to pursue claims against the defunct company.
On June 23, Vice Chancellor Zurn granted MEPUS’s motion for judgment on the pleadings, denied the cross-motion filed by petitioner PXP Producing Company (PXP), and dismissed PXP's case with prejudice. PXP had sought to revive MitEnergy by nullifying its certificate of cancellation so that it could sue MitEnergy on a nine-figure contract claim and file additional suits to recover MitEnergy’s alleged contract debt from solvent parent entities.
The decision, together with an earlier opinion granting Willkie’s motion to dismiss the receiver claim, establishes key precedent for the defense of nullification and receivership claims in Delaware.
The Willkie litigation team was led by partners across offices and practice areas, including Litigation partners Stuart Lombardi, Richard Li, and Jeffrey Korn, and Corporate partners Brad Honeycutt, Dale Smith, and Tan Lu, with counsel Emerson W. Girardeau, III and Bankruptcy partner Jennifer Hardy. The associate team included Romane Paul, Simone Marton, Kathryn Garrett, Autumn Adams-Jack, Amanda Wigler, Sanjay Dureseti, Elizabeth Wayne, Braxton Smith, Dana Lake, Leiying Peng, Katherine Lubrano, and former associates Colby Gardner and Niko Letsos.
On June 23, Vice Chancellor Zurn granted MEPUS’s motion for judgment on the pleadings, denied the cross-motion filed by petitioner PXP Producing Company (PXP), and dismissed PXP's case with prejudice. PXP had sought to revive MitEnergy by nullifying its certificate of cancellation so that it could sue MitEnergy on a nine-figure contract claim and file additional suits to recover MitEnergy’s alleged contract debt from solvent parent entities.
The decision, together with an earlier opinion granting Willkie’s motion to dismiss the receiver claim, establishes key precedent for the defense of nullification and receivership claims in Delaware.
The Willkie litigation team was led by partners across offices and practice areas, including Litigation partners Stuart Lombardi, Richard Li, and Jeffrey Korn, and Corporate partners Brad Honeycutt, Dale Smith, and Tan Lu, with counsel Emerson W. Girardeau, III and Bankruptcy partner Jennifer Hardy. The associate team included Romane Paul, Simone Marton, Kathryn Garrett, Autumn Adams-Jack, Amanda Wigler, Sanjay Dureseti, Elizabeth Wayne, Braxton Smith, Dana Lake, Leiying Peng, Katherine Lubrano, and former associates Colby Gardner and Niko Letsos.
