In Marchand v. Barnhill, a unanimous Delaware Supreme Court imposed substantial new procedural expectations on corporate directors to satisfy their fiduciary duty of oversight related to material risk areas and legal...more
9/28/2019
/ Appeals ,
Bad Faith ,
Board Meetings ,
Board of Directors ,
Breach of Duty ,
Corporate Minutes ,
Damages ,
DE Supreme Court ,
Duty of Care ,
Duty of Loyalty ,
Fiduciary Duty ,
Food Safety ,
Listeria ,
Oversight Duties ,
Reversal ,
Risk Management ,
Senior Managers ,
Shareholder Litigation
In what is believed to be the first case nationwide seeking to strike down a groundbreaking corporate bylaw aimed at combatting frivolous shareholder class actions, Emergent Capital, Inc., has secured the dismissal with...more
10/20/2015
/ Board of Directors ,
Bylaws ,
Class Action ,
Corporate Counsel ,
Corporate Officers ,
Derivative Suit ,
Dismissal With Prejudice ,
Frivolous Lawsuits ,
Motion to Dismiss ,
Publicly-Traded Companies ,
Shareholder Litigation
In Kahn v. M&F Worldwide Corp., the Delaware Supreme Court unanimously affirmed the Court of Chancery’s decision that the more deferential business judgment rule standard of review, rather than an entire fairness standard of...more