The Delaware Court of Chancery, in Lebanon County Employees’ Retirement Fund v. AmerisourceBergen Corp., C.A. No. 2019-0527-JTL, memo. op. (Del. Ch. Jan. 13, 2020), found stockholders entitled to inspection of corporate books and records, relating to defendant pharmaceutical distributor’s monitoring of opioid shipments, for purposes of investigating possible wrongdoing, irrespective of whether the possible wrongdoing would support claims that were actionable or subject to indemnification. The Court certified interlocutory appeal of the prior decision in Lebanon County Employees’ Retirement Fund, et al. v. AmerisourceBergen Corp., C.A. No. 2019-0527-JTL, order (Del. Ch. Feb. 12, 2020).
NEW: Locke Lord discusses the decision in Locke Lord QuickStudy: Delaware Expands Stockholder Rights to Demand Information and Facilitates Caremark Claims.
Reuters discusses the certification decision in Dela. judge okays Supreme Court review of controversial books-and-records decision.