Delaware Fiduciary Duty Law after QVC and Technicolor: A Unified Standard (and the End of Revlon Duties?).

37 Pages Posted: 14 Jul 2006  

Lawrence A. Cunningham

George Washington University

Charles M. Yablon

Yeshiva University - Benjamin N. Cardozo School of Law

Abstract

This Article seeks to analyze and understand Paramount Communications, Inc. v. QVC Network, Inc. and Cede & Co. v. Technicolor, Inc. as part of a movement in Delaware fiduciary law toward a single, more unified standard, away from doctrinal fragmentation. In addition, the Article considers Delaware law leading up to QVC and Technicolor, tracing both the growing fragmentation of Delaware law in the 1980s and the growing judicial concern about fragmentation. This Article will argue that the concern over fragmentation and the desire for a unified standard were not the result of external pressures or policy concerns, but of internal judicial concerns about potential inequity, manipulability and lack of coherence in Delaware law. Finally, this Article will look at the practical significance of these new cases and the seeming trend toward a more unified conception of fiduciary law.

Keywords: QVC Network, Paramount Communications, Technicolor, Incorporated, Cede and Company, Delaware state law, fiduciary law, doctrinal fragmentation, Revlon duty

Suggested Citation

Cunningham, Lawrence A. and Yablon, Charles M., Delaware Fiduciary Duty Law after QVC and Technicolor: A Unified Standard (and the End of Revlon Duties?).. Business Lawyer, Vol. 49, pp. 1593-1628, 1994; Boston College Law School Research Paper No. 1994-03. Available at SSRN: https://ssrn.com/abstract=917120

Lawrence A. Cunningham (Contact Author)

George Washington University ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-0732 (Phone)

Charles M. Yablon

Yeshiva University - Benjamin N. Cardozo School of Law ( email )

55 Fifth Ave.
New York, NY 10003
United States
212-790-0200 (Phone)
212-790-0205 (Fax)

Paper statistics

Downloads
296
Rank
82,436
Abstract Views
1,656