Court of Chancery Continues to Reject Demand Futility Claims Post-Zuckerberg

Harvard Law School Forum on Corporate Governance

Sarah Runnells Martin

Counsel Sarah Runnells Martin and associate Daniel Atlas analyze the Court of Chancery's approach to demand futility since the Delaware Supreme Court reframed the test in the 2021 Zuckerberg decision, finding that the court has not hesitated to dismiss cases that do not sufficiently allege demand futility.