Perspective
Nov. 12, 2013
Delaware courts rein in overzealous shareholders
A recent decision by a Delaware court is confirmation of courts' willingness to rein in plaintiffs' firms who attempt to push the envelope too far. By Christopher McGrath and Rebecca Eggleston
While Delaware courts historically have encouraged the use of pre-litigation books and records requests, the courts have refused to enforce such demands where stockholders have failed to meet their burden of proof. A recent decision by a Delaware master in chancery recommending that the Court of Chancery deny an activist shareholder access to The Hershey Company's books and records is confirmation of courts' wi...
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