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Burden of Proof Self-Dealing

Winstead PC

Court Reversed Judgment Against A Trustee Due To Jury Instruction Errors And Also Held That A Party Is Not Entitled To A Jury...

Winstead PC on

In White v. White, an income beneficiary of a trust was retained to manage ranch property. 704 S.W.3d 250 (Tex. App.—El Paso 2024, no pet.). He later became trustee of the trust and ratified his employment and the employment...more

White and Williams LLP

Delaware Chancery Court Opens Discussion of Enhanced-Independence Director Deference for Controller Transactions

White and Williams LLP on

Delaware courts evaluate a self-dealing transaction with a controlling stockholder through the lens of entire fairness — meaning that both the deal process and price must be deemed fair. The burden of proving entire fairness...more

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