recent developments in delaware corporate law - Greenberg Traurig ...
recent developments in delaware corporate law - Greenberg Traurig ...
recent developments in delaware corporate law - Greenberg Traurig ...
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212 De<strong>law</strong>are Law Review Volume 7:2<br />
corporation, or to deprive it of profit or advantage which his skill and<br />
ability might properly br<strong>in</strong>g to it, or to enable it to make <strong>in</strong> the reasonable<br />
and <strong>law</strong>ful exercise of its powers. 151<br />
The shift — if there is one — appears to be toward <strong>in</strong>creased shareholder expectations<br />
of their fiduciaries as to <strong>in</strong>dependence and oversight and the pursuit of novel<br />
claims aga<strong>in</strong>st fiduciaries who fall short of those expand<strong>in</strong>g expectations. One could argue,<br />
therefore, that it is the public (i.e., shareholders) that have expanded their expectations of<br />
<strong>corporate</strong> fiduciaries post-Enron, not the De<strong>law</strong>are courts.<br />
151. Guth v. Loft, 5 A.2d 503, 510 (Del. 1939).