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Caremark

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2. Top 3 Corporate Governance Issues For Fall Board Meetings
  
  Explore Law360 Jul 15 2020 BoardBlogs
  
  ...ed the business-judgment rule as "director-protective,"[3] which should provide directors some comfort.Though Caremark stood as a protective bar to most shareholder derivative claims against directors for more than 20 ye...
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  Mentions: Ethics Compliance Delaware
3. Delaware Year-End Review: M&A and Shareholder Litigation
  
  Explore corpgov.law.harvard.edu Feb 8 2020 BoardBlogs
  
  ...for those duties,” which would be necessary to establish “bad faith” under a Caremark claim. The dismissal of Caremark claims in In re LendingClub Corp. Derivative Litigation highlights the importance of taking decisive ...
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  Mentions: Management Delaware KKR
4. New Pressure On Corporate Directors To Recognize Red Flags
  
  Explore forbes.com Oct 23 2019 BoardBlogs
  
  ...ly a few cases right now. But the concern is that these cases expose the limitations of the director-friendly Caremark standard in the current environment that many observers have long projected. Board service is not yet...
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  Mentions: Delaware culture Caremark
5. Board-Level Risk Oversight Deserves Renewed Attention
  
  Explore globalbankingandfinance.com Oct 16 2019 BoardBlogs
  
  ...he meetings reflect that the board knew nothing about the growing risk of listeria contamination. Under prior Caremark case law, the defendant, Blue Bell directors, should have prevailed because the company had implement...
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  Mentions: Management Compliance Delaware
6. Cybersecurity, The C-Suite, & The Boardroom: The Rising Specter Of Director & Officer Liability
  
  Explore Above the Law Oct 8 2019 BoardBlogs
  
  ...Caremark’s directors (defendants) breached their duty of care by failing to adequately oversee the conduct of Caremark’s employees regarding payments to doctors to refer Medicare or Medicaid patients to Caremark’s servic...
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  Mentions: National Association of Corporate Directors Legal Liabilites Cybersecurity
7. Caremark Liability for Regulatory Compliance Oversight
  
  Explore corpgov.law.harvard.edu Jul 9 2019 BoardBlogs
  
  ...n by Chief Justice Strine, overruled both of these rulings and remanded the case for further proceedings. The Caremark doctrine. In Caremark (1996), the Court of Chancery discussed in detail the parameters of a board’s d...
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  Mentions: Fiduciary Duties Compliance Delaware
8. Delaware Supreme Court Reverses Dismissal of Caremark Claim, Finding Lack of Board-Level Oversight and Director Independence
  
  Explore Legal News, Lawyers, Law Firms Jul 2 2019 BoardNews
  
  ...ny information systems or controls, an allegation of misconduct commonly referred to as a Caremark claim. But Caremark claims are notoriously difficult to prove, because they require proof that the directors demonstrated...
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  Mentions: Fiduciary Duties Delaware CFO
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