Nicholas O'Keefe Offers Insight on Amendments to Delaware Corporation Law
July 26, 2024
FT Agenda
Foley & Lardner LLP partner Nicholas O’Keefe offered insight on recent amendments to Delaware corporation law in Agenda, a Financial Times publication.
In the article, “Stockholders Get ‘Unprecedented’ Power over Boards in Delaware Amendments,” O’Keefe said that as a result of the amendments addressing the Moelis decision, Delaware law now permitted the expanded use of stockholder agreements, but minority shareholders could challenge the agreements on fiduciary duty grounds.
He noted this could lead to a reliance on “fiduciary out language so that directors can back out of … agreements if their fiduciary duties are implicated.”
(Subscription required)
People
Related News
July 7, 2025
In the News
Louis Lehot Assesses Deal Trends in Shifting Market
Foley & Lardner LLP partner Louis Lehot assessed dealmaking trends in the Law360 article, "PE Dealmakers Best-Suited To Cut Through M&A Challenges."
July 3, 2025
In the News
Christopher Swift Assesses CFIUS Involvement in Telecommunications Acquisition
Foley & Lardner LLP partner Christopher Swift shared insight on the Committe on Foreign Investment in the United States’ (CFIUS) involvement in a telecommunications transaction in The Capitol Forum article, “T-Mobile/UScellular: Team Telecom’s Deference Gives DOJ, FCC Flexibility to Penalize Buyer If It Violates Agreement.”
July 3, 2025
In the News
Louis Lehot Highlights Opportunities and Challenges for M&A Market
Foley & Lardner LLP partner Louis Lehot highlighted opportunities and challenges for the M&A market in the Law360 article, "Mid-Year M&A Deal Flow Suffers Amid Global Instability."