Category: Delaware Court of Chancery

Determining the Likely Standard of Review Applicable to Board Decisions in Delaware Merger and Acquisition Transactions

The standard of review applied by a Delaware judge in a challenged merger and acquisition (M&A) transaction will often have a significant effect on the outcome. In this post, we offer a chart that identifies fact patterns common to Delaware M&A transactions and provides a preliminary assessment of the likely standard of review applicable to transactions fitting such fact patterns.

December 19, 2014

A Delaware Forum Selection Clause Can Help Delaware Businesses Manage Litigation Risk

Managing litigation risk is a challenging but essential task for businesses of all types and sizes. A forum selection clause that designates the Delaware courts for resolving disputes can reduce the chance that a commercial or intra-corporate dispute is litigated by opportunistic counterparties before a court or other tribunal that is inconvenient to your business, or that lacks the specialization needed to most effectively resolve the dispute.

March 20, 2014