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Delaware Court Ruling Raises Privilege Concerns for Communications With Outside Directors

The Situation: Use by outside directors of non-company email accounts or other non-secure platforms to conduct board business risks waiver of the board's privilege. Even if the privilege is maintained, use of such an account...more

Delaware Supreme Court Endorses Deal Price In Statutory Appraisal Action

The decision makes clear that deal price is an appropriate indicator of fair value even where there is only one bidder. In Verition Partners Master Fund, Ltd. v. Aruba Networks, Inc., the Delaware Supreme Court reversed a...more

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