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Advance Notice Bylaws: Delaware Clarifies Standards of Review

By Randi Morrison posted 07-25-2024 07:57 PM

  

In Kellner v. AIM Immunotech Inc., the Delaware Supreme Court clarified the standards of review applicable to advance notice bylaws in both the “clear” and “cloudy” day scenarios, with the latter being governed by an enhanced strict scrutiny standard. The decision provides helpful guidance to companies regarding the litigation risks associated with adopted or contemplated advance notice bylaw provisions and amendments.

See this Sidley memo and additional resources on our Bylaws page.

                                    This post first appeared in the weekly Society Alert!

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