Vice Chancellor: Advance Notice Bylaw Review Is Blocked by Delaware Supreme Court’s ‘Kellner’ Standard

Vice Chancellor Nathan A. Cook wrote that the Court of Chancery can only subject an as-applied bylaw challenge to equitable review if an actual dispute exists, not just the potential for one.

       

Vice Chancellor Nathan A. Cook wrote that the Court of Chancery can only subject an as-applied bylaw challenge to equitable review if an actual dispute exists, not just the potential for one.