Partner Doreen Lilienfeld (New York-Compensation, Governance & ERISA) recently authored an article, titled “Director Compensation in the Crosshairs of the Delaware Courts,” that was published by Bloomberg BNA’s Corporate Law & Accountability Report on December 7.

In this article, Lilienfeld analyzes the recent spate of Delaware Chancery Court decisions that limit the extent to which the business judgment rule protects directors charged with determining their own compensation. As a result of these decisions, she says, “companies will need to balance the risk of director compensation being analyzed under the ‘entire fairness’ standard with the loss of flexibility that arises from including meaningful or specific limits on the potential awards and the costs and benefits of obtaining shareholder ratification.”

View full article, Lilienfeld Authors Article on Delaware Director Compensation Decisions