Search for: "State of Delaware v. Redding."
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28 Mar 2023, 7:30 am
The list isn't limited to conservative red states like Utah and Florida. [read post]
27 Mar 2023, 9:01 pm
Note, however, that this figure does not include class action suits filed in state court or state court derivative suits, including those in the Delaware Court of Chancery. [read post]
23 Mar 2023, 12:55 pm
” However, in series of cases following the Delaware Supreme Court’s 2019 decision in Marchand v. [read post]
20 Mar 2023, 1:19 pm
White et al. v. [read post]
7 Mar 2023, 2:01 pm
” That said, Laster still concluded that the plaintiffs had not stated a claim for breach of the duty of oversight against the director defendants. [read post]
1 Mar 2023, 12:04 pm
To state a claim under this theory, the plaintiffs must allege facts supporting an inference that the directors knew about a problem—epitomized by the proverbial red flag—yet consciously ignored it. [read post]
7 Feb 2023, 2:13 pm
The Delaware Court of Chancery disagreed, noting several reasons why it made sense to impose duties of oversight on directors: (i) officers, as the day-to-day managers of a corporation are in a better position than directors to implement the information systems and respond to red flags within their domain of responsibility; (ii) the Delaware Supreme Court held in Gantler v. [read post]
7 Feb 2023, 6:30 am
” Among others, VC Laster cited Caremark itself, the equating of officer duties with director duties in Gantler v. [read post]
7 Feb 2023, 6:30 am
” Among others, VC Laster cited Caremark itself, the equating of officer duties with director duties in Gantler v. [read post]
6 Feb 2023, 9:01 pm
For example, in 2020, the Delaware Court of Chancery addressed both prongs of Caremark in the Teamsters v. [read post]
4 Feb 2023, 5:26 pm
City of Huntington v. [read post]
26 Jan 2023, 11:29 am
Laster is quite correct when he quotes extensively from prior Delaware Supreme Court decisions stating that “the fiduciary duties of officers are the same as those of directors. [read post]
25 Jan 2023, 2:44 pm
Caremark started out as a logical consequence of Smith v. [read post]
22 Jan 2023, 6:17 pm
Vice Chancellor Laster said, “No Delaware court has addressed how to determine when a Red-Flags Claim or a Massey Claim accrues. [read post]
3 Jan 2023, 1:47 pm
As discussed here (second item), in November 2022, the parties to the Delaware lawsuit announced that the case had settled for $33.75 million. [read post]
17 Nov 2022, 6:30 am
” The increase began following the Delaware Supreme Court’s 2019 Marchard v. [read post]
17 Nov 2022, 6:30 am
” The increase began following the Delaware Supreme Court’s 2019 Marchard v. [read post]
24 Oct 2022, 2:31 pm
The Marchand decision The first wake-up call after Caremark came with the 2019 Delaware Supreme Court decision in Marchand v. [read post]
8 Oct 2022, 10:41 am
Marchand v. [read post]
5 Oct 2022, 6:30 am
POTENTIAL CAUSES OF ACTION We have outlined below the potential federal and state law causes of action that a plaintiff might bring against a company in connection with the climate-related disclosures that would be required by the SEC’s proposed rule. [read post]
