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Corporate Governance Good Faith Caremark claim

The Volkov Law Group

Checking In on Caremark Cases in Delaware

The Volkov Law Group on

Over the last ten years, we have seen a marked shift from the Delaware Chancery Court chipping away at corporate board member liability claims.  In a number of seminal cases involving Boeing airplane crashes (In re the Boeing...more

Cadwalader, Wickersham & Taft LLP

Caremark and “Mission-Critical” ESG Company Operations

I. Introduction - Companies are increasing pressure to address environmental, social, and governance (“ESG”) issues.  ESG topics have taken center stage in boardrooms, with regulatory agencies, and in the media.  ...more

Proskauer - Minding Your Business

Defining a “Good Faith” Director: Key Takeaways from Recent Court Rulings on Corporate Board Oversight

Corporate boards are subject to a duty of oversight, as part of their duty of loyalty to their company.  As outlined by Delaware’s famously stringent Caremark standard, pleading a violation of that duty is often difficult....more

The Volkov Law Group

Corporate Board Liability Risks Increase as Delaware Courts Reject Caremark Dismissal Claims

The Volkov Law Group on

Corporate boards will continue to face higher risks of liability.  As the last bastion of legal privilege and protection, the wall of protection is crumbling bit by bit.  Eventually, corporate stakeholders will demand that...more

The Volkov Law Group

Delaware Court Increases Scrutiny of Corporate Board Oversight and Monitoring of Compliance Programs

The Volkov Law Group on

On October 1, 2019, in In re Clovis Oncology, Inc. Derivative Litigation, a Delaware Chancery Court denied a motion to dismiss the plaintiffs’ claims under the Caremark decision against individual directors for failing to...more

WilmerHale

Sounding the Bell for Proactive Risk Oversight

WilmerHale on

The Delaware Supreme Court recently sounded a warning bell for directors, reminding that as part of their duty of loyalty, they “must make a good faith effort to implement an oversight system and then monitor it.” The case...more

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