Barry M. Klayman and Mark E. Felger ()
In Agar v. Judy, C.A. No. 9541-VCL (Del. Ch. Jan. 19, 2017), a case of first impression in Delaware, Vice Chancellor J. Travis Laster held that directors of a corporation, plaintiffs in a defamation action, were public figures for the limited purpose of election-related communications among the company’s investors. Because they were limited-purpose public figures, they bore the burden of proving in the defamation action that statements in a letter distributed by their opponents to the company’s investors in connection with an upcoming election of directors were not true and were made with actual malice.
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