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L-R Francis Pileggi and Chauna Abner, Eckert Seamans Cherin & Melott. L-R Francis Pileggi and Chauna Abner, Eckert Seamans Cherin & Melott.

A recent Delaware Court of Chancery decision acknowledged a pattern of corporations providing directors with advancement rights, and then when those directors attempt to exercise those rights, the corporations resist, claiming that exceptional circumstances exist that require the court to deviate from the principles of law granting advancement, see Nielsen v. EBTH, C.A. No. 2019-0164-MTZ at *2 (Del. Ch. Sept. 30, 2019). In Nielsen, Vice Chancellor Morgan T. Zurn made it clear that few cases present facts that will cause the court to deviate from “Delaware’s standard favoring advancement.”

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