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Albert J. Carroll of Morris James. Albert J. Carroll of Morris James.

When challenged, transactions involving a corporation and its conflicted controlling stockholder invoke Delaware’s rigorous form of judicial scrutiny, known as entire fairness review. But not always. With the right procedural protections in place, at the right time, even they can get the benefit of Delaware’s default deferential analysis, known as business judgment review. Business judgment review usually equates to an early dismissal in litigation.

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