The Delaware Supreme Court is trying to encourage independent directors by shielding their good-faith decisions from excessive protracted litigation, while maintaining its values of balance, predictability and stability, the high court’s longest-serving justice told students at Widener University Delaware Law School.
Independence is defined as the absence of any influence that would compromise the ability of the director to do his or her own thinking, Delaware Supreme Court Justice Randy J. Holland said Sept. 29 during the school’s Ruby R. Vale lecture. Developing that definition has been central to the work of the business courts recently.
