Demand Futility Saves McDonald’s Former Executive from Potential Caremark Liability

We discussed in a prior Alert Vice Chancellor J. Travis Laster’s extension of oversight duties and liability therefrom upon corporate officers. While this decision provided answers to long-standing questions relating to the extension of oversight duties, it also brought about concerns regarding the potential increase of exposure to liability. Luckily for those who shared in this concern, Vice Chancellor Laster reminded us all that the requirement to plead demand futility under Court of Chancery Rule 23.1 will continue to serve as an important hurdle to a plaintiff’s success in the courtroom. In a short order released this month, Vice Chancellor Laster dismissed the same breach of oversight claims that previously withstood Court of Chancery Rule 12(b)(6) muster.

To read the full Alertvisit the firm website.

Welcome to the Duane Morris Delaware Business Law Blog

The lawyers of the Wilmington, DE, office of Duane Morris LLP are pleased to announce the launch of a new blog designed to highlight developments in all aspects of Delaware Business Law. Readers who follow the blog will receive timely reports on: (1) important new opinions from the Delaware Supreme Court, Delaware’s Court of Chancery, and the Complex Commercial Division of the Superior Court; (2) announcements and analysis of amendments to Delaware’s General Corporation Law and alternative-entity statutes; (3) important developments in IP law from the U.S. District Court for the District of Delaware; and (4) news from Delaware’s Bankruptcy Court.

Continue reading “Welcome to the Duane Morris Delaware Business Law Blog”

© 2009- Duane Morris LLP. Duane Morris is a registered service mark of Duane Morris LLP.

The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

Proudly powered by WordPress