The article, referenced here follows up on a 2001 article (Function Over Form: A Reassessment of Standards of Review in Delaware Corporation Law) that suggested ways to make Delaware corporate law standards “more predictable, encourage procedures that better protected stockholders and discourage meritless litigation”. The new paper examines how Delaware law responded to the prior article’s recommendations and reviews recent cases. Notably, one of the paper’s recommendations, advocating for a change to Delaware’s General Corporation Law to permit exculpation of officers (in addition to directors) has been taken up favorably by the Council of the Corporation Law Section of the Delaware State Bar Association.
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