This website uses cookies. By using this website, you agree to our Cookie Policy.
Proposed Amendments to the DGCL Address Issues Raised by Recent Delaware Court Decisions
May 9, 2024On March 28, 2024, the Council of the Corporation Law Section of the Delaware State Bar Association approved legislation proposing to amend the Delaware General Corporation Law (“DGCL”) in response to recent Delaware Court of Chancery decisions. The proposed amendments will be introduced to Delaware’s General Assembly for consideration and, if enacted, will grant more deference for boards of directors to act consistent with current market practice, after Delaware courts recently held that a strict reading of the DGCL did not permit such behavior in certain contexts. The proposed amendments generally focus on three areas, as summarized below.
