Delaware Chancery Court Highlights Tension Between Freedom of Contract and Corporate Fiduciary Duties
Cleary M&A and Corporate Governance Watch
MAY 12, 2023
In a recent decision, the Delaware Court of Chancery grappled with the question whether—and to what extent—claims for breach of fiduciary duty can be waived ex ante in a corporate shareholder agreement. Specifically, in New Enterprise Associates 14 LP v. in the case of fraud). [3] This view is not entirely accurate.
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