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HAWKINS v. DANIEL

C.A. No. 2021-0453-JTL.

273 A.3d 792 (2022)

Sharon HAWKINS, individually and derivatively on behalf of MedApproach, L.P., Plaintiff, v. W. Bradley DANIEL, an individual, and MedApproach Holdings, Inc., a Delaware corporation, Defendants, and MedApproach, L.P., a Delaware limited partnership, Nominal Defendant.

Court of Chancery of Delaware.

Date Decided: April 4, 2022.

Attorney(s) appearing for the Case

Richard I. G. Jones, Jr. , John G. Harris , BERGER HARRIS LLP, Wilmington, Delaware; Attorneys for Plaintiff.

David J. Teklits , Sara Toscano , MORRIS, NICHOLS, ARSHT & TUNNELL LLP, Wilmington, Delaware; Jeffrey Alan Simes , Jessica Vogele , GOODWIN PROCTER LLP, New York, New York; Attorneys for Defendants.

OPINION

By executing a proxy, an owner of shares separates the voting rights associated with the shares from the underlying economic interest. Because of the potentially mischievous effects that can flow from a divergence of interests between principal and proxyholder, Delaware law requires that a grant of proxy authority...

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