Tag Archives: Duty of Oversight

Caremark Duties Include Duty Not Only to Establish Oversight Processes but Also to Monitor Them

Earlier this year, in Marchand v. Barnhill, the Delaware Supreme Court underscored that boards that fail to establish oversight procedures for their company’s mission critical functions can be held liable for breach of their Caremark duties. In an October 1, 2019 decision in the Clovis Oncology Derivative Litigation, the Delaware Chancery Court provided further perspective … Continue Reading

Recent Delaware Caremark Duty Decision Underscores Board Cyber and Privacy Liability Risks

Under the Delaware Chancery Court decision in the Caremark case, directors can be liable for failures in their oversight duties – that is, their duties to monitor the company and its functions. Lawsuits alleging a violation of the duty of oversight are notoriously challenging for plaintiffs. However, in the recent Marchand v. Barnhill case, the … Continue Reading
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