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Expert Analysis

Practice Points For New Single-Bidder Sale Paradigm

Law360, New York (January 16, 2015, 10:49 AM EST) -- Recent Delaware decisions have emphatically confirmed a trend of increased judicial deference to sale process decisions made by directors without a conflict of interest. While deference to board decisions made by independent, disinterested, engaged directors has always been the animating principle of Delaware jurisprudence, the opinions issued by the courts over the past year have exhibited more emphasis on that deference and less of a focus on judicial inquiry into the reasonableness of the decisions made by independent boards....

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