Richards Layton & Finger

Prediction Protection: The Delaware Supreme Court's Amylin Footnote

November 2009

A footnote in the Delaware Supreme Court’s summary affirmance of the Chancery Court’s Amylin Pharmaceuticals decision made some corporate commentators question whether the Supreme Court was trending toward a substantive evaluation of the fiduciary duty of care. In our view, however, the Supreme Court’s footnote simply follows well established precedent and confirms that the Delaware courts will not require directors to predict the future in making business judgments.