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The Delaware Supreme Court held that a "special litigation committee" would not automatically be regarded as independent. However in this case the board could not be sued for breach of fiduciary duty, and on the facts the committee was competent to reject the demand for a derivative suit, despite being appointed by the board.
Smith v. Van Gorkom 488 A.2d 858 (Del. 1985) [1] is a United States corporate law case of the Delaware Supreme Court, discussing a director's duty of care.It is often called the "Trans Union case".
The question of independence, "turns on whether a director is, for any substantial reason, incapable of making a decision with only the best interests of the corporation in mind."3 That is, the independence test ultimately "focus[es] on impartiality and objectivity."4 In this case, the SLC has failed to demonstrate that no material factual ...
In re Citigroup Inc Shareholder Derivative Litigation, 964 A 2d 106 (Del Ch 2009) is a US corporate law case, concerning the standard under Delaware law for the duty of loyalty among directors' duties.
Loft Inc, 5 A.2d 503, 23 Del. Ch. 255 (Del. 1939) is a Delaware corporation law case, important for United States corporate law, on corporate opportunities and the duty of loyalty. It deviated from the year 1726 rule laid down in Keech v Sandford [ 1 ] that a fiduciary should leave open no possibility of conflict of interest between his private ...
In addition to the cases in Delaware, the drugmakers are facing about 4,000 claims in California state court and about 2,000 in various other state courts around the country. The drugmakers have ...
Unocal v. Mesa Petroleum Co., 493 A.2d 946 (Del. 1985) [1] is a landmark decision of the Delaware Supreme Court on corporate defensive tactics against take-over bids. Until the Unocal decision in 1985, the Delaware courts had applied the business judgment rule, when appropriate, to takeover defenses, mergers, and sales.
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