The Delaware Supreme Court Wednesday considered arguments on whether The Kraft Heinz Co. directors were too intertwined with 3G Capital Inc. and Berkshire Hathaway to independently consider a litigation demand.

Joel Friedlander of Friedlander & Gorris argued for Kraft Heinz shareholders that Vice Chancellor Lori Will’s decision to dismiss a derivative suit last year held directors to the wrong standard, while Andrew Ehrlich of Paul, Weiss, Rifkind, Wharton & Garrison said Will was right to find the standard for pleading demand futility hadn’t been met, based on the test approved by the Supreme Court.

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