In Biolase, Inc. v. Oracle Partners, L.P., No. 270, 2014 (Del. June 12, 2014), the Delaware Supreme Court affirmed the Delaware Court of Chancery’s ruling that “a director may resign by an oral statement, and there is no requirement that a resignation be in writing.”  In Biolase, during a telephonic board meeting, a discussion occurred regarding the resignation of two current board members, Arrow and Low, and the appointment of two new independent board members.  In response to the discussion, Arrow stated “[o]kay, I agree, I go along with that.”  Arrow later testified that he believed that statement meant the he had resigned from the Biolase board.  Low did not speak during any part of the board meeting.  Following the meeting, the new board sought the resignation of Biolase’s Chairman and CEO, Pignatelli.  In an attempt to deprive the board of the power to remove him, Pignatelli declared both Arrow’s and Low’s resignations ineffective because they were not in writing.  In an action filed by Biolase’s largest shareholder, Oracle Partners, the Court of Chancery held that Arrow’s resignation was effective due to his oral statement at the board meeting, but that Low’s was not.  According to the Chancery Court, Low’s “silent consent…was not sufficient to establish his resignation.”