By

Joshua J. Card

16 March 2021

Can Inspection Rights Be Waived? Some Observations on Delaware Law

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As recent decisions from the Delaware courts remind us (e.g., Murfey v. WHC Ventures, LLC), Delaware entities often have the ability to negotiate the scope of investors’ right to inspect company books and records—and perhaps even to eliminate those rights.  But few corporations, partnerships, or LLCs appear to do so.  With the proliferation of books-and-records litigation in recent years, however, more Delaware entities should consider whether opportunities may be available to limit the potential burden of such litigation and whether it would be prudent to explore those opportunities.

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