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ABA Section of Business Law


eSource

Buyer Beware: The Fiduciary Duties of a Buyer's Board.

  • The fiduciary obligations of a selling corporation's board of directors in the context of a corporate sale transaction, and the permissible scope of so-called "deal protection" measures, have been the subject of frequent analysis in both case law and legal commentary. The fiduciary obligations of a buyer's board in connection with such a transaction, however, have received scant attention until a recent decision of the Delaware Court of Chancery.

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