In United Food & Commercial Workers Union & Participating Food Industry Employers Tri-State Pension Fund v. Zuckerberg, No. 404, 2020, — A.3d –, 2021 WL 3433261 (Del. Sept. 23, 2021), the Delaware ...
The Delaware Supreme Court has adopted a new three-part test as the "universal test for assessing whether demand should be excused as futile." When a company has adopted a Section 102(b)(7) provision, ...