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Mackenzie Wrobel of Duane Morris (Photo: Courtesy Photo) Mackenzie Wrobel of Duane Morris (Photo: Courtesy Photo)

To amend, or not to amend? That may not be “the question” posed in William Shakespeare’s “Hamlet,” but it is “the question” a plaintiff should ask itself upon receiving, and before responding to, a motion from the defendant to dismiss a complaint. A recent letter opinion from the desk of Vice Chancellor Glasscock in In re USG Corporation Stockholder Litigation, No. 2018-0602-SG (Del. Ch. March 11, 2021) (the Letter Opinion) reminds Delaware litigants about the importance of thinking through that question and the potential consequences of an imprudent answer.

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