The (Surprising) Chances of Prevailing in an Entire Fairness Trial
November 19, 2025
Publication| Corporate Transactions| Corporate Governance| Mergers & Acquisitions
This article challenges the conventional wisdom that defendants in an entire fairness trial face an uphill battle by analyzing the outcomes of all entire fairness trials litigated to judgment in the Delaware Court of Chancery (and taking into account any appeals) in roughly the last 10 years. The statistics show that defendants fare surprisingly well despite facing an operative legal standard that many consider to be plaintiff-friendly.