Credit: Murrstock/Adobe Stock What's Fair Enough Is Fair: Entire Fairness Decisions Show M&A Perfection Not Required
Historically, it's been a rarity for a defendant to win once the notoriously stringent entire fairness has been applied as the standard of review in a Chancery case. But that may be changing.
August 17, 2023 at 03:18 PM
5 minute read
Several recent decisions of the Delaware Court of Chancery—and the state Supreme Court's response to them—have signaled that for corporate defendants, the threat of having the entire fairness standard applied doesn't mean all hope is lost when defending a transaction challenged by shareholders.
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