Category: Fiduciary Duty

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