News
Reining in Transactional Exclusions: Delaware Courts Narrow D&O Coverage Bars and Raise the Burden on Insurers
1+ day, 6+ hour ago (182+ words) Recent Delaware decisions reinforce a trend that policyholders and coverage practitioners have increasingly sensed over the last several years: courts are becoming less receptive to insurer efforts to apply transaction-related exclusions beyond their text and are requiring insurers to carry…...
Delaware Supreme Court Upholds Dismissal of Challenge to Advance Notice Bylaw
1+ mon, 1+ week ago (274+ words) The appeal involved two cases, both raising the same issue: whether shareholders can challenge advance notice bylaws they say are defensive and entrenching in the Court of Chancery if those shareholders don't intend to nominate a director and haven't shown…...
Delaware Supreme Court Confirms Facial Constitutionality of Fiduciary Safe Harbors in DGCL Overhaul
1+ mon, 1+ week ago (202+ words) Delaware courts have long refused to second-guess corporate management's decision-making when it is disinterested, but applied close scrutiny when management operates in the presence of a conflict of interest. As a result, much of Delaware case law has centered around…...