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Delaware Court Rejects Claim that Directors Acted in Bad Faith By Selling Company Facing Activist Threat

Posted by on Wednesday, February 7, 2018 in Delaware Corporate Law Bulletins, En Banc.

Delaware Court Rejects Claim that Directors Acted in Bad Faith By Selling Company Facing Activist Threat

ABSTRACT

Reaffirms high bar for proving that directors acted in conscious disregard of their obligations

AUTHORS

Robert S. Reder
Professor of the Practice of Law at Vanderbilt University Law School, has been serving as a consulting attorney at Milbank, Tweed, Hadley & McCloy LLP in New York City since his retirement as a partner in April 2011.

Celine L. Feys
Master of Laws, Ghent University, 2017; Vanderbilt University Law School, L.L.M. Candidate, May 2018.