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Expert Analysis

A Route To Directors' Early Exit From Merger Litigation

Law360, New York (May 21, 2015, 3:21 PM EDT) -- The Delaware Supreme Court's recent decision in In re Cornerstone Therapeutics Inc. Stockholder Litigation, 2015 Del LEXIS 231 (Del. May 14, 2015), clarified what had been an ongoing question regarding whether independent directors, protected by an exculpatory charter provision authorized by Section 102(b)(7) of Delaware's General Corporation Law, could test the sufficiency of claims pled against them at the motion to dismiss stage if the court has determined that the underlying transaction at issue is presumptively subject to entire fairness review....

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