The Chancery Court will continue to face novel theories of controlling stockholder liability based on contract rights, and Delaware’s ability to impose clear limits on when an investor’s contract rights render it a fiduciary to the company will have significant consequences for corporate finance and strategic investments under Delaware law going forward.
Delaware Business Court Insider
Del. Courts Must Grapple With Efforts to Impose Fiduciary Duties on Investors Exercising Contractual Rights
December 12, 2018