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Summaries and analysis of recent Delaware court decisions concerning business-related litigation.
Morris James Blogs
Court Of Chancery Invalidates Vote Blocking Device
This is a good discussion of the "enhanced scrutiny" that the Court of Chancery applies to board action that affects the right to vote. Such action must have a "compelling justification" and the simple desire to avoid being thrown out of office, even by scalawags, is not enough. Hence, here the Court invalidated the provisions of a specially issued series of preferred stock that had the right to block the removal of the board of directors.