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Corinne Ball, a partner at Jones Day, reviews a recent Delaware Court of Chancery decision that highlights the importance of an effective special committee process when directors are faced with approving a merger or acquisition transaction which is likely to be reviewed under the entire fairness standard. A truly independent, fully informed special committee with the freedom to negotiate at arms' length will shift the burden of proving entire fairness to plaintiffs in a breach of fiduciary duty claim.
February 23, 2006 at 12:00 AM
1 minute read
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