Fiduciary Duty, Food and Drug Administration (FDA)

(Patient) safety first: take steps now to promote good governance by your board

Hogan Lovells on 9/9/2022

Earlier this year, the Delaware Chancery Court approved a breathtaking $237.5 million settlement of derivative claims brought against Boeing’s board for breach of fiduciary duties regarding safety oversight. While the Boeing...more

The Latest Successful Caremark Claim

Troutman Pepper on 8/27/2020

In Teamsters Local 443 Health Services & Insurance Plan v. Chou, the Delaware Court of Chancery held, at the pleading stage, that plaintiff stockholders had stated a claim for Caremark oversight liability against certain of...more

Cannabis Investments and Exit Strategies: A Case Study

Rivkin Radler LLP on 8/14/2020

It is relatively easy for investors to make investments in cannabis companies. Given the risks, however, they would be well-advised to have an exit plan in the event their investment does not live up to their expectations....more

Delaware Court Increases Scrutiny of Corporate Board Oversight and Monitoring of Compliance Programs

The Volkov Law Group on 10/22/2019

On October 1, 2019, in In re Clovis Oncology, Inc. Derivative Litigation, a Delaware Chancery Court denied a motion to dismiss the plaintiffs’ claims under the Caremark decision against individual directors for failing to...more

A Director’s Mission: Understanding, Monitoring and Accurately Reporting Mission Critical Operations

Faegre Drinker Biddle & Reath LLP on 10/15/2019

On October 1, 2019, the Court of Chancery rendered an opinion in In re Clovis Oncology, Inc. Derivative Litigation, denying a motion to dismiss a Caremark claim for breach of fiduciary duty and reinforcing a director’s duty...more

Delaware Supreme Court Issues Guidance On Board Oversight Responsibilities

Troutman Pepper on 7/18/2019

A director’s duty to make a good faith effort to oversee the operations and management of a Delaware company is well-established. In a recent case, Marchand v. Barnhill, the Delaware Supreme Court provided guidance to boards...more

Disregard of Speculative Financial Projections Was Not Bad Faith

Morris James LLP on 6/2/2016

In a stockholder challenge to a sale of the company, a plaintiff may rebut the business judgment rule by pleading facts that support a reasonable inference that at least half of the directors, who approved the sale, were not...more

Washington, D.C. Update – April 2016

Baker Donelson on 5/2/2016

FY17 Appropriations - The House and Senate Appropriations Committees continue to move forward on individual FY17 spending measures based on discretionary spending levels enshrined in last fall's bipartisan budget deal....more

ERISA Fiduciary Duties and the Tension Between the Affordable Care Act and the Religious Freedom Restoration Act

Spilman Thomas & Battle, PLLC on 1/30/2014

The Patient Protection and Affordable Care Act ("ACA") has significantly changed the healthcare industry in the United States. Among the many changes is the new requirement that healthcare providers must provide all "Food...more

Fiduciary Duty › Food and Drug Administration (FDA)

"My best business intelligence, in one easy email…"