Delaware decision interprets director impartiality, Canadian Lawyer

Neill May is a contributor to Canadian Lawyer magazine.  This article first appeared in the March, 2020 issue.

Excerpt from "Delaware decision interprets director impartiality":

There is an old expression that bad facts make bad law. Whether or not that is so, it’s difficult to dispute that bad facts usually make for better reading.

Though the regulatory framework for related party transactions is different in the United States, and fiduciary duties aren’t always interpreted and applied in the same manner, decisions by the prolific Delaware courts dealing with conflicts can be instructive, and the decision of the Court of Chancery in Re BGC Partners, Inc. falls firmly into the category of interesting reading.

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