Delaware Business Litigation Report

Court Of Chancery Denies Advancement

White v. Kern, C.A. 7872-VCG (transcript, January 24, 2014)

This ruling illustrates an often overlooked point that the decision to advance attorneys' fees may constitute a self-dealing transaction when the party getting advancement is the party voting to do so. Hence, absent a proper basis, advancement is improper under those circumstances.  Of course, when advancement is required by the bylaws, then it is required and acceptable even if the decision is made by the same parties whose fees are to be paid.

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