Delaware Courts Examine Caremark After Marchand and Clovis
By EsqSocial Corporation 30/12/20
In 2019, the Delaware Supreme Court issued Marchand v. Barnhill, which was soon followed by the Court of Chancery’s opinion in In re Clovis Oncology Derivative Litigation. Both rulings sustained derivative claims for breach of directors’ oversight duties (so-called “Caremark” claims) at the motion to dismiss stage, marking the first times Delaware courts allowed such claims to survive the pleadings stage in more than two decades. The Court of Chancery has since issued several additional opinions...
By: Skadden, Arps, Slate, Meagher & Flom LLP