Posted on January 10, 2007 by Francis G.X. Pileggi
Recently, I cursorily blogged about the Chancery Court decision in
Araneta of a few weeks ago,
here. Prof. Gordon Smith provides a more scholarly analysis of the case and its
Caremark aspects. Here is the link:
Conglomerate Blog: Business, Law, Economics & Society
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In ATR-KIM ENG FINANCIAL CORPORATION v. ARANETA, (Del. Ch., December 21, 2006), 2006 WL 3783520, read opinion here, the Delaware Chancery Court found directors liable for acting as mere "tools" of the majority shareholder, (see footnote 129),...
One corporate law professor argues that the landmark Delaware Chancery Court decision in 1996 of In Re Caremark, describing a director's duty of oversight, was "dead upon enunciation" and it is really a Potemkin Village that never really resu...