A few cases in Delaware suggest that the courts are going to be more active in resolving some of the conflicts inherent in many private equity deals. In one case, Vice Chancellor Leo Strine Jr. is apparently interested in exploring whether executives that negotiated deals in which they stay employed are overly conflicted and thus unable to find the best buyer. That's been a huge issue. In another case, Vice Chancellor Stephen Lamb declined to approve the settlement of a suit involving SS&C Technologies' buyout, which was initiated by the CEO without authorization from the board. Lamb noted a big issue is whether Stone acted properly in hiring an investment banker to help him identify a private equity buyer. He wants to explore the issues a bit apparently. You have to think that the courts pose more of a risk than politicians. Stay tuned.  

For more:
- here's an AP article