Delaware Decisions Highlight Pleading Requirements for Fiduciary Duty Claims in the Face of Disinterested Director Approval

Several recent Delaware decisions have analyzed allegations attempting to plead breach of fiduciary duty claims against executive directors even though the underlying transaction was approved by a majority-disinterested-and-independent board of directors. These decisions emphasize the need for directors to actively monitor potential conflicts among officers and highlight the pleading requirements for plaintiffs to successfully state a breach of fiduciary duty claim arising from allegations of a...
By: Skadden, Arps, Slate, Meagher & Flom LLP

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