> Delaware went against precedent and disallowed it
Board competence is super precedented. Normally the courts defer to business judgement to an obnoxious degree, but if the Board isn’t independent it can no longer be assured to be serving its fiduciary duty. (To investors majority and minority.)
Board competence is super precedented. Normally the courts defer to business judgement to an obnoxious degree, but if the Board isn’t independent it can no longer be assured to be serving its fiduciary duty. (To investors majority and minority.)