Delaware Supreme Court Finds Third-Party Advisor Liable for the Board’s Breach

In RBC Capital Markets, LLC v. Jervis, the Delaware Supreme Court held that a third-party financial advisor was liable for aiding and abetting a Board of Directors’ breach of fiduciary duties.  In a blog post written for the Delaware Journal of Corporate Law, DJCL staff member Michael Laukaitis explains that to be found liable for such conduct, third-party advisors must knowingly aid the board’s breach and may protect themselves by fully disclosing any possible conflicts to the board.


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