State attorneys general, the IRS, and other regulators are focused on “interested party” (conflict-of-interest) transactions in the healthcare and nonprofit sectors. While these transactions are ...
When a court reviews contested business transactions of a Delaware corporation, they typically rely on one of two standards of review: the “business judgment rule” or the “entire fairness standard.” ...
Joel C. Haims, Jamie A. Levitt and James J. Beha II write: As a result of the more stringent review applied to interested-party transactions, going-private transactions and other controlling ...
Related-party transactions have played a significant role in accounting failures and frauds. In a study of Securities and Exchange Commission fraud allegations by the Committee of Sponsoring ...
Courts and regulators now treat related party transactions as a core governance issue rather than procedural compliance. The key takeaway is that boards must demonstrate real oversight under Section ...