Within the last decade, Delaware judges have become more attuned to the "little things" when it comes to documenting a deal and making sure that transactions are properly papered to ensure validity. Plaintiffs' lawyers have received lucrative paydays from calling out technical missteps. Additionally, Sections 204 and 205 of the DGCL have brought to light many other frequently occurring technical issues. As a result, corporate drafting errors are more likely to come to light, and can be expensive to fix after the fact.

This session will walk attendees through helpful tips, provide pointers, and highlight other relevant Delaware law advice when it comes to frequently occurring mistakes in documenting a transaction. We will offer thoughts on how to avoid technical missteps and suggestions for fixing problems before they compound.