Health care provider boards of directors have been put on notice—given these two recent Delaware court decisions - Clovis and Marchand—that courts may be willing to significantly extend a corporate board’s Caremark duty to...more
1/14/2020
/ Bad Faith ,
Board of Directors ,
Breach of Duty ,
Caremark claim ,
Compliance ,
Corporate Officers ,
DE Supreme Court ,
Duty of Loyalty ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Oversight Duties ,
Personal Liability ,
Pleading Standards ,
Regulatory Standards ,
Risk Management
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
The 2013 Florida Legislature made several important changes to the law governing Florida limited liability companies (LLCs). The new law was based primarily on the Revised Uniform Limited Liability Company Act as amended in...more