The Delaware Court of Chancery, in Todd O’Gara, et al. v. Sheldon Coleman, et al. [Wanu Water], C.A. No. 2018-0708-KSJM, memo. op. (Del. Ch. Feb. 14, 2020), dismissed breach of fiduciary duty claims alleging that a director acted disloyally based on correspondence between stockholders and the board that was critical of and allegedly disparaged plaintiff controller, finding the correspondence instead reflected concern for the company.
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