L-R:Aaron R. Sims,Tyler J. Leavengood, Abraham Schneider and Stephen C. Norman of Potter Anderson & Corroon. Courtesy Photos 'AmerisourceBergen' and Section 220 Demands in Del.: Implications and Possible Fixes
The Delaware Supreme Court recently affirmed the Delaware Court of Chancery's post-trial decision ordering AmerisourceBergen Corp. to produce corporate books and records under Section 220 of the Delaware General Corporation Law in order to permit stockholders to investigate AmerisourceBergen's role in the distribution of opioids.
February 24, 2021 at 09:02 AM
7 minute read
The Delaware Supreme Court recently affirmed the Delaware Court of Chancery's post-trial decision ordering AmerisourceBergen Corp. to produce corporate books and records under Section 220 of the Delaware General Corporation Law (Section 220) in order to permit stockholders to investigate AmerisourceBergen's role in the distribution of opioids. See, AmerisourceBergen v. Lebanon County Employees' Retirement Fund, — A.3d –, 2020 WL 7266362 (Del. Dec. 10, 2020). In its opinion, the Supreme Court held that stockholders seeking to investigate possible corporate wrongdoing do not need to state in their inspection demands the uses to which they will put books and records and in most instances do not need to show that the alleged wrongdoing they seek to investigate is "actionable."
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