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DE Courts Uphold Strict Limitations on Liability for Oversight Claims

In 2017, two cases illustrated that Delaware courts continue to impose exacting pleading burdens on <i>Caremark</i> claims, especially when plaintiffs say that they are excused from making a demand on the board before suing derivatively.

7 minute read January 01, 2018 at 12:03 AM
By
Jason J. Mendro and Jeffrey S. Rosenberg
DE Courts Uphold Strict Limitations on Liability for Oversight Claims

It is an all-too-familiar accusation for many directors: If only you had done something more, the corporation could have avoided an injury or loss.

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