‘A Cautious Caremark Opinion’

“When the Delaware Supreme Court decided Marchand v Barnhill, a lot people wondered – including, ahem, me – whether it heralded a new approach to Caremark claims. Among other things, Caremark claims tend to be successful – if at all – upon a showing that the Board either participated in, or simply disregarded, illegality (in Elizabeth Pollman’s phrasing, were disobedient) …” (more)

[Ann Lipton, Business Law Prof Blog, 29 August]

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