In an article published by New York Law Journal, Partners Michael Bongiorno, Susan Muck, Timothy Perla and Jessica Lewis, and Counsel Megan Barriger, explore the developments and key takeaways of Delaware’s four-year-old Salzberg decision, which was widely viewed as giving corporations a valuable tool in managing litigation.
Excerpt: “One limitation to the Salzberg decision was that the court had before it a facial challenge—in other words, the court only considered whether there were any possible scenarios in which FFPs could be permissible. This left FFPs subject to challenge in specific cases in addition to more general challenges, including constitutional challenges.”
