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Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision by Vice Chancellor Slights of the Court of Chancery dismissing a claim that...
United StatesDelawareInsolvency/Bankruptcy/Re-Structuring
Barry Klayman and Mark Felger, writing in the Delaware
Business Court Insider, review a recent decision by Vice
Chancellor Slights of the Court of Chancery dismissing a claim that
defendants violated their Caremark duties because plaintiff failed
to adequately plead demand futility. The article spotlights the
court's acceptance of the board's delayed response to the
alleged misconduct so as not to undercut the company's defense
of pending enforcement actions related to the same conduct.
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
