News & Analysis as of

Duty of Oversight Internal Controls

BakerHostetler

NYDFS Issues Revised Proposed Second Amendment to Its Cybersecurity Regulation

BakerHostetler on

The New York State Department of Financial Services (NYDFS) recently published a revised proposed second amendment to its cybersecurity regulation, 23 NYCRR 500. ...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

Sheppard Mullin Richter & Hampton LLP

COVID-19 Directors’ Duties of Oversight: Reporting and Monitoring

Boards of directors have a duty to exercise oversight and to monitor the company’s operational viability, legal compliance and financial performance during this COVID-19 pandemic. In Marchand v. Barnhill, the Delaware Supreme...more

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