The Court of Chancery, in K-Bar Holdings, LLC v. Robert A. Rucker, et al. and Tile Shop Holdings, Inc., C.A. No. 2019-0892-SG, transcript (Del. Ch. Nov. 8, 2019; filed Dec. 12, 2019), granted a motion to expedite plaintiff’s claim alleging that a publicly company board breached fiduciary duties by failing to take defensive steps while the company’s stock price was depressed, and a stockholder group increase its ownership from 30% to over 40%.

Freshfields discusses the ruling, and its relevance to current depressed market conditions, in  Fiduciary Duties During a Time of Volatility.