US EditionControl and its Discontents - Penn Law Review
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Control and its Discontents - Penn Law Review
A series of recent Delaware decisions highlights the Delaware courts’ growing skepticism toward corporate actions in controlled companies. We analyze these decisions, noting their application to what we term “new” control situations and the per se application of fiduciary duties and entire fairness to controllers. We contend that this application contradicts both the theoretical and economic justifications for limiting the fiduciary duties of co…
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