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John Mark Zeberkiewicz, left, and Nathaniel Stuhlmiller, right, of Richards Layton & Finger.

In two recent opinions, The Cirillo Family Trust v. Moezinia, 2018 WL 3388398 (Del. Ch. July 11, 2018), and Charles Almond v. Glenhill Advisors, 2018 WL 3954733 (Del. Ch. Aug. 17, 2018), the Delaware Court of Chancery exercised its powers under Section 205 of the Delaware General Corporation Law (the DGCL) to validate acts that, due to technical problems in their authorization, may have otherwise been void or voidable. These opinions illustrate that the court, in reviewing petitions under Section 205, will use its equitable powers to ensure that technical defects in authorization do not result in plainly inequitable outcomes.

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