Sarah Delia

McCarter & English, LLP

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Delaware Supreme Court Rules That Otherwise Entirely Fair Transaction Does Not Pass Muster When Taken For Inequitable Purpose

On June 28, 2021, the Delaware Supreme Court reversed a ruling of the Court of Chancery which found that an otherwise “entirely fair” transaction undertaken for an “inequitable purpose” did not trigger fiduciary liability for...more

8/16/2021 / DE Supreme Court , Fiduciary Duty , Inequitable Conduct , Stocks , Voting Rights

The Court Of Chancery Dismisses Derivative Suit Against Truecar Officers And Directors, Finding Plaintiffs Failed To Allege...

Under Court of Chancery Rule 23.1, a stockholder who wishes to bring a derivative claim on behalf of a corporation must “allege with particularity the efforts, if any, made by the plaintiff to obtain the action the plaintiff...more

10/26/2020 / Board of Directors , Breach of Duty , Demand Futility , Derivative Suit , Dismissals , Fiduciary Duty , Shareholder Litigation

Delaware Offers Relief To Corporations With Already Noticed Annual Stockholder Meetings By Authorizing A Change To Remote Means

On Tuesday, April 6, 2020, in response to the COVID-19 pandemic, Delaware Governor John C. Carney issued a Tenth Modification of his Declaration of State of Emergency (the “Tenth Modification”) that temporarily modified the...more

4/14/2020 / Coronavirus/COVID-19 , Executive Orders , Governor Carney , Remote Working , State of Emergency

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