Delaware Chancery Court Highlights Tension Between Freedom of Contract and Corporate Fiduciary Duties
Cleary M&A and Corporate Governance Watch
MAY 12, 2023
the “Company”) by sophisticated private fund investors who had agreed to an express waiver of the right to bring such claims. [1] It also bears mention that a similar type of negotiation (and resultant potential exposure) occurs in the context of alternative entities, such as limited liability companies. [15] in the case of fraud). [3]
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