Delaware Supreme Court Upholds Constitutionality of SB 21: The Amended Section 144 Safe Harbors Are Here to Stay

In Rutledge v. Clearway Energy Group LLC, the Delaware Supreme Court, sitting en banc, answered two certified questions from the Court of Chancery and held that the controlling-stockholder safe harbor provisions enacted by Senate Bill 21 do not violate the Delaware Constitution.... By: Troutman Pepper Locke