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Foley & Lardner LLP

Delaware Law on Fiduciary Duties and Stockholder Agreements

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Delaware corporate law is renowned for its balance between flexibility in business arrangements and the fundamental principles of fiduciary accountability. One of the areas where this balance is most evident is in the...more

Woodruff Sawyer

My Name’s on the Door: Founder Supremacy in Delaware After Moelis

Woodruff Sawyer on

Founding a successful company is enormously difficult. An oft-cited statistic is that 75% of venture-backed start-ups fail, a percentage that is probably both understated and fails to consider all the companies that never...more

Troutman Pepper Locke

Delaware Court of Chancery Invalidates Common Governance Rights in Stockholder Agreement

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In West Palm Beach Firefighters’ Pension Fund v. Moelis & Company, the Delaware Court of Chancery invalidated a set of approval rights contained in a stockholder agreement as facially in conflict with Section 141(a) of the...more

Morrison & Foerster LLP

Maintaining the Balance of Power in Venture-Backed Startups: The Impact of Delaware’s Moelis Decision on Drafting Shareholder...

Morrison & Foerster LLP on

Venture capital investors with a penchant for more expansive views of preferred stockholder rights have cause for pause. While fundamentally more a commentary on drafting mechanics than anything, the ruling delivered by the...more

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