Surviving Enhanced Judicial Scrutiny of Directors' Decisions--Reaching the Protection of the Business Judgment Rule

Authors

Terry M. Jarrett

Abstract

In the merger and acquisition craze of the 1980's, it became increasingly apparent that shareholders needed protection from directors who were not always acting in the best interests of the corporation. This note traces the history of the enhanced judicial scrutiny doctrine and explores the difficulty boards of directors face in characterizing and analyzing the myriad of transactions and events which may occur in a merger or sale scenario. Then, possible courses of action such boards may take to protect themselves are discussed.

Recommended Citation

Terry M. Jarrett, Surviving Enhanced Judicial Scrutiny of Directors' Decisions--Reaching the Protection of the Business Judgment Rule, 60 Mo. L. Rev. (1995)
Available at: https://scholarship.law.missouri.edu/mlr/vol60/iss3/5