We use cookies to customise content for your subscription and for analytics. If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
A recent decision by the Delaware Supreme Court serves as a reminder to buyers and sellers of the important role that non-disclosure agreements can play in fixing the limits of potential liability for sellers during the pre-contracting, diligence phase of a transaction
A recent Delaware Chancery Court case serves as a reminder to parties negotiating non-disclosure agreements and their legal counsel about the importance of non-disclosure agreements to the M&A process and how such agreements may prohibit a party receiving confidential information from engaging in a hostile transaction, even if an explicit standstill provision is not included
