Document Type

Article

Publication Title

Vanderbilt Law Review En Banc

Publication Date

2025

Page Number

11

Keywords

Delaware Supreme Court, fairness standard, stockholders

Disciplines

Business Organizations Law | Commercial Law | Law

Abstract

Before 2022, Section 102(b)(7) of the Delaware General Corporation Law (the "DGCL") permitted corporations, via amendments to their corporate charters, to exculpate corporate directors from personal liability for breaches of their duty of care ("& 102(b)(7)"). Delaware amended & 102(b)(7) in 2022 to allow corporations to extend exculpation to officers (the "2022 Amendment").

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