Power, Preference or Special Right? Will Delaware Courts Recognize Stockholder’s Right To Challenge Officer Exculpation Amendment

In August of this year, Section 102(b)(7) of the Delaware General Corporation Law (DGCL) was amended to permit Delaware corporations to amend their Certificates of Incorporation to include a provision providing for the exculpation of officers from monetary damages for breach of certain duties owed to the corporation.1 These amendments represented a significant step in […]