Corporate Governance
Sep. 25, 2014
It's critical to review board conduct on ex ante basis
The great strength of Delaware's corporate law system has been its enabling model of corporate governance which generally allows wide discretion to a company's board of directors. By David J. Berger
The great strength of Delaware's corporate law system has been its enabling model of corporate governance which generally allows wide discretion to a company's board of directors who act in good faith and with due care. At the same time, for this model to be successful it is critical that director conduct be viewed on an ex ante basis rather than an ex post judicial rewriting of the contractual construct.
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