Private Equity MBOs and the Delaware Court of Chancery: The Taming of the Few

Reflecting the recent spate of private equity acquisitions, so often accomplished in partnership with the target's senior management, the Delaware Court of Chancery has lately issued a series of decisions that confront the special conflicts and resulting fiduciary issues that frequently arise in such circumstances.  In the view of some, these opinions imply a notable judicial cynicism, if not an unstated escalation of judicial scrutiny, in connection with the review of challenges to such transactions.

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