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Expert Analysis

Delaware's New Focus On Deal Process And Disclosure: Part 1

Law360, New York (March 1, 2017, 10:47 AM EST) -- Four recent developments in Delaware law reduce the liability exposure of corporate boards and controlling stockholders in merger transactions, and also benefit minority stockholders. Together, these developments clarify the path for designing a fair sale process that will be subject to deferential business judgment review, and enhance the weight given by Delaware courts to the negotiated merger price in post-merger appraisal litigation....

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