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Delaware Court Rules that Consent to Merger in Stockholders Agreement Did not Waive Right to Bring Fiduciary Duty Claims

Recently, the Delaware Court of Chancery refused to dismiss an action for post-closing damages stemming from alleged breaches of fiduciary duty brought by former stockholders of Authentix Acquisition Company, Inc. In doing so, the Court rejected the defendants’ arguments that a provision in a stockholders agreement entered by the plaintiffs…

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