Litigation AlertKey Takeaways
The Delaware Supreme Court upheld the constitutionality of SB 21, confirming that the amendments to DGCL Section 144—including statutory safe harbors and retroactive application—are consistent with the Delaware Constitution.
SB 21 permissibly limits the availability of equitable relief and damages for certain controlling stockholder transactions, while preserving the Court of Chancery’s jurisdiction to adjudicate fiduciary duty claims and statutory compliance.
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