Publications

Stockholders’ Rights to Demand Inspection of Corporate Books and Records: Recent Developments

Fall 2008
David E. Rosewater | Emily R. Vincent
Activist Investing Developments - Fall 2008

In a previous issue of this newsletter, we explored in detail some of the potentially powerful, but still somewhat infrequently used, rights of stockholders pursuant to Section 220 of the Delaware General Corporation Law (“Section 220”) to access many types of corporate records beyond the typical obtainment of a stockholder list or request for materials in connection with a derivative suit. That article concluded by noting that “Section 220 will undoubtedly continue to develop as the most recent trend of investor activism exploits the boundaries of Section 220 and as the Delaware judiciary mediates the ensuing disputes.” That prediction has come true, and this article, in addition to summarizing some of the basics of Section 220 as a brief refresher, explores some of the more recent developments that have continued to define those boundaries.