Demand Futility

The Section 220 Crackdown: Why the Delaware Supreme Court’s Blessing of SB 21 Definitively Rewrites the Corporate Litigation Playbook

For the better part of a decade, the Delaware plaintiffs’ bar has relied on a highly predictable, court-sanctioned playbook to extract settlements from corporate boards. First, weaponize a books-and-records demand to dig for potential conflicts of in...