Breach of Fiduciary Duty: Asserting a Claim (DE) | Practical Law

Breach of Fiduciary Duty: Asserting a Claim (DE) | Practical Law

A Practice Note addressing key considerations for asserting a breach of fiduciary duty claim under Delaware law, including the required elements, additional requirements that may apply when the claim is derivative, the different standards of review that may apply when the claim is against directors and officers of a business entity, including the business judgment rule, enhanced scrutiny, and entire fairness. This Note provides practical tips for avoiding dismissal, potential remedies, common defenses that an adverse party may raise, and other Delaware state law claims commonly asserted with a breach of fiduciary duty claim in commercial litigation.

Breach of Fiduciary Duty: Asserting a Claim (DE)

Practical Law Practice Note w-040-4891 (Approx. 24 pages)

Breach of Fiduciary Duty: Asserting a Claim (DE)

by Practical Law Commercial Litigation
MaintainedDelaware
A Practice Note addressing key considerations for asserting a breach of fiduciary duty claim under Delaware law, including the required elements, additional requirements that may apply when the claim is derivative, the different standards of review that may apply when the claim is against directors and officers of a business entity, including the business judgment rule, enhanced scrutiny, and entire fairness. This Note provides practical tips for avoiding dismissal, potential remedies, common defenses that an adverse party may raise, and other Delaware state law claims commonly asserted with a breach of fiduciary duty claim in commercial litigation.