Delaware Supreme Court Addresses the Implied Covenant of Good Faith And Fair DealingFebruary 2017 – Articles M&A Lawyer
In the February 2017 issue of M&A Lawyer, Carl D. Neff writes about a Delaware Supreme Court decision that reversed the Court of Chancery and upheld claims based upon breach of the implied covenant of good faith and fair dealing.
The decision is noteworthy, Carl writes, because the limited partnership agreement disclaimed fiduciary duties and provided for conflict resolution safe harbors which the defendants asserted were met. But the manner in which such safe harbors were obtained doomed defendants’ reliance upon the same. Read the article: