Significant economic, regulatory and political uncertainties in 2020 should prompt board of directors members to evaluate, and take steps to mitigate, potential downside risks facing their businesses. Certain challenges...more
1/23/2020
/ Board of Directors ,
Breach of Duty ,
Capital Markets ,
Chapter 11 ,
Commercial Bankruptcy ,
Corporate Restructuring ,
D&O Insurance ,
Economic Development ,
Economic Downturn ,
Fiduciary Duty ,
Global Economy
Last week, in American Capital Acquisition Partners, LLC v. LPL Holdings, Inc. (February 3, 2014), the Delaware Court of Chancery, in connection with a disputed earnout provision, allowed a claim for breach of the implied...more
Based on a number of cases decided by the Delaware courts in 2013, below we summarize practice tips regarding careful drafting of contractual provisions and complying with technical and statutory requirements....more