The Inapplicability of Corwin and Section 220

Harvard Law School Forum on Corporate Governance and Financial Regulation

Sarah Runnells Martin Michelle L. Davis

Since the Delaware Supreme Court decided Corwin v. KKR Financial Holdings LLC in 2015, the extent to which the principles set forth in that decision apply in the context of a Section 220 demand to inspect books and records has remained an open question. In its recent decision in Lavin v. West Corporation, the Court of Chancery addresses the Corwin doctrine directly.