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Delaware Authorizes 102(b)(7) Exculpation of Senior Officers

In Short - The Situation: Until now, Delaware corporations could eliminate or limit monetary liability for breaches of the duty of care only by directors—but not officers. ...more

Delaware Redemption Actions—A New Frontier in SPAC Litigation?

The Delaware Court of Chancery's application of the "entire fairness" standard in In re MultiPlan Stockholders Litigation is an important development for SPACs incorporated in Delaware, and it could result in more...more

Delaware Chancery Court Addresses Directors’ Duty to Monitor Mission-Critical Regulatory Compliance

The Situation: Directors of a biopharmaceutical company face potential liability where they knew—or should have known—that the company was not complying with regulations governing a matter of critical importance to the...more

Delaware Supreme Court Reinforces Directors’ Oversight Obligations on Mission-Critical Subjects

The Situation: Directors of Blue Bell Creameries USA, Inc. ("Blue Bell") were sued for breach of fiduciary duty following a lethal listeria outbreak in its ice cream facilities. Applying the duty of oversight first...more

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