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Delaware Chancery Court Applies Entire Fairness Review to Board's Grant of Incentive Compensation Award to Controlling Shareholder
Thomson Reuters Practical Law 
Sept. 25, 2019 "The court granted in part and denied in part the motion to dismiss. Regarding the breach of fiduciary duty claims, the court concluded that entire fairness was the appropriate standard of review. Under that standard, the plaintiff adequately alleged that the award was unfair, and therefore stated a claim for breach of fiduciary duty. The court also declined to dismiss the unjust enrichment claim but dismissed the waste claim." [Tornetta v. Musk, No. 2018-0408 (Del. Ch. Ct. Sep. 20, 2019)] |
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