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Delaware Supreme Court Cautions that “Partial and Elliptical Disclosures” Cannot Support the Application of Corwin Business Judgment Review

On July 9, 2018, the Delaware Supreme Court held in Morrison v. Berry that Corwin business judgment review will not apply to stockholder-approved transactions when “partial and elliptical” disclosures leave stockholders less than fully informed. This decision, which reversed a dismissal by the Court of Chancery, serves as a court-described “cautionary reminder” that disclosures to stockholders must faithfully reflect material facts in order for transaction parties to benefit from the director-friendly standard established by the Delaware Supreme Court in Corwin. Continue

Ropes & Gray attorneys regularly provide insightful perspective on key legal issues.To read more, visit our Alerts archive.

USOC Independent Investigation 

For information regarding the United States Olympic Committee Independent Investigation, please click here.

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