Chancery Court Holds That Stockholder Approval of Merger Cannot Form the Basis for Denying Inspection Rights

On December 29, 2017, in Lavin v. West Corp., the Delaware Court of Chancery rejected defendant West’s argument that Corwin can stand in the way of a proper demand for inspection under DGCL Section 220, and ordered the defendant to produce the books and records. The Court clarified that while stockholder approval of a transaction forecloses plenary review of the transaction, it does not impair stockholders’ statutory rights to inspect the company’s books and records.