Relying on Saliba v. William Penn Partnership, 2010 WL 1641139 (Del. Ch.), aff’d, 13 A.3d 749 (Del. 2011), the Court held that a transaction conducted unfairly, even though accomplished at a fair price, may justify shifting certain of the litigation costs to the defendants who breached their fiduciary duties. Because the parties had not briefed the issue of fee-shifting, the Court authorized Plaintiffs to petition for an award of attorneys’ fees and costs.

Relying on Saliba v. William Penn Partnership, 2010 WL 1641139 (Del. Ch.), aff’d, 13 A.3d 749 (Del. 2011), the Court held that a transaction conducted unfairly, even though accomplished at a fair price, may justify shifting certain of the litigation costs to the defendants who breached their fiduciary duties. Because the parties had not briefed the issue of fee-shifting, the Court authorized Plaintiffs to petition for an award of attorneys’ fees and costs.