Litigation AlertKey Takeaways
On April 29, the Delaware Supreme Court affirmed dismissal of stockholder suits challenging advance notice bylaws adopted by The AES Corporation and Owens Corning, holding the stockholders’ claims were brought too soon and were therefore unripe.
The Court reiterated that advance notice bylaws are “twice‑tested,” first for legal authorization, then by equity, but emphasized that equitable review requires a ripe controversy.
The Court did not announce a categorical r...
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