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Email The Delaware courts have not been shy about warning of the dangers that can arise when merger negotiations are handed over to conflicted directors who fail to keep their boards fully informed about their divided loyalties. https://www.cadwalader.com/resources/clients-friends-memos/director-who-led-merger-negotiations-without-disclosing-details-of-a-lucrative-pay-package-he-was-offered-to-lead-the-post-merger-company-must-face-fiduciary-duty-claims