On March 30, 2020, in The Chemours Company v. DowDuPont Inc., et al., C.A. No. 2019-0351-SG (Del. Ch. Mar. 30, 2020), the Delaware Court of Chancery issued an important decision reaffirming bedrock principles of Delaware...more
5/12/2020
/ Arbitration ,
Consent ,
Contract Terms ,
Delaware General Corporation Law ,
Dismissals ,
Federal Arbitration Act ,
Insolvency ,
Mandatory Arbitration Clauses ,
Parent Corporation ,
Separation Agreement ,
Spinoffs ,
Subsidiaries ,
Unconscionable Contracts
Several recent decisions applying Delaware law offer helpful insight about the impact that activist investor involvement has on board decision-making leading to a transaction and how those decisions will be reviewed by the...more
11/22/2017
/ Board of Directors ,
Corporate Governance ,
Corwin Doctrine ,
Delaware General Corporation Law ,
Duty of Care ,
Duty of Loyalty ,
Duty to Disclose ,
Fiduciary Duty ,
Jurisdiction ,
Mergers ,
Morrison v National Australia Bank ,
Pleading Standards ,
Proxy Contests ,
Shareholder Activism ,
Shareholder Litigation ,
Shareholders ,
Standard of Review ,
Totality of Circumstances Test ,
TRO