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IN RE GOLDMAN SACHS GROUP, INC.

Civil Action No. 5215-VCG.

IN RE THE GOLDMAN SACHS GROUP, INC. SHAREHOLDER LITIGATION.

Court of Chancery of Delaware.

Decided: October 12, 2011.

Attorney(s) appearing for the Case

Pamela S. Tikellis , Robert J. Kriner and Tiffany J. Cramer , of CHIMICLES & TIKELLIS LLP, Wilmington, Delaware; OF COUNSEL: John F. Harnes , Gregory E. Keller and Carol S. Shahmoon , of CHITWOOD HARLEY HARNES LLP, Great Neck, New York, Attorneys for Plaintiffs.

Gregory V. Varallo and Rudolf Koch , of RICHARDS, LAYTON & FINGER, P.A., Wilmington, Delaware; OF COUNSEL: Gandolfo V. DiBlasi , Richard H. Klapper,   Theodore Edelman and David M.J. Rein , of SULLIVAN & CROMWELL LLP, New York, New York, Attorneys for Defendants.

MEMORANDUM OPINION

GLASSCOCK, Vice Chancellor.

The Delaware General Corporation Law is, for the most part, enabling in nature. It provides corporate directors and officers with broad discretion to act as they find appropriate in the conduct of corporate affairs. It is therefore left to Delaware case law to set a boundary on that otherwise unconstrained realm of action. The restrictions imposed by Delaware case law set this boundary...

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