Del. Justices Highlight Directors' Risk Oversight Duties

Law360 (July 9, 2019, 2:38 PM EDT) -- On June 18, 2019, the Delaware Supreme Court issued an important decision highlighting an often overlooked aspect of the seminal case addressing director liability for alleged corporate misconduct, In re Caremark International Inc. Derivative Litigation.[1] In Marchand v. Barnhill, the court considered de novo an order by the Court of Chancery dismissing a claim that the members of the board of directors of Blue Bell Creameries USA Inc., an ice cream and frozen yogurt manufacturer, should face legal liability for a listeria outbreak that spread to the company’s products, resulting in the deaths of three consumers.[2]

The Delaware Supreme Court reversed...

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