In their Corporate and Securities Litigation column, Sarah S. Gold and Richard L. Spinogatti of Proskauer Rose write: Despite our seeming devotion to logic and reason, we lawyers, in various guises, have made the unknowable - state of mind - the fundamental determinant of many legal rights and obligations. Recently, the Delaware Supreme Court considered the concept of "good faith" - the "belief" that actions taken were in the best interests of a limited partnership - and the difficulties inherent in determining whether the requisite belief existed.
Contractual Good Faith as a Fiduciary Duty Standard
New York Law Journal
August 14, 2013