Delaware's New "Don't Ask, Don't Waive" Standstill Policy


Two weeks after Vice Chancellor Laster's bench ruling enjoining the enforcement of a so-called "Don't Ask, Don't Waive" provision in a confidentiality agreement, Chancellor Strine of the Court of Chancery made clear in In re that there is no per se rule in Delaware against the use of "Don't Ask, Don't Waive" provisions. On the Securities Law Practice Center, experts from Sullivan & Cromwell discuss the ruling and its ramifications.

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