Developments in Section 220 Litigation

Harvard Law School Forum on Corporate Governance and Financial Regulation

Sarah Runnells Martin Michelle L. Davis

Sarah Runnells Martin and Michelle Davis discuss the Delaware Court of Chancery's decision in Salberg, which answered the previously untested question of whether Corwin would apply when stockholders demand to inspect books and records. The Salberg court answered the question in the negative, though it remains to be seen whether Corwin will be inapplicable in every Section 220 demand under Salberg's holding.