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Michael Furey authored an article, "Del. Caremark Opinion Shows Shift In Deference To Boards," published by Law360. Furey discusses the recent Delaware Supreme Court's decision in Marchand v. Barnhill, after a third Delaware Chancery Court judge refused to dismiss a derivative action asserting a Caremark oversight claim against corporate directors. Previously, motions to dismiss Caremark claims were granted on a routine basis, but in three recent decisions the Delaware Chancery court did not dismiss the claims. This has generated interest over whether Marchand represents a change in the law, a change in judicial attitude or another example of bad facts making bad law. Furey believes these recent decisions have not fundamentally changed the law but represent a new willingness on the part of courts to review claims that boards of directors have failed to monitor management in a less deferential manner to directors than in the past. These decisions are part of a trend towards the use of compliance programs, including Board committees, as a way to prevent corporate wrongdoing.
You can read the full article here (subscription).
Michael K. Furey authored article, "Is It Worth the Risk to Represent a Client Who Has Fired a Previous Attorney?," for the New Jersey Law Journal.
On May 7, Judge Droney will speak on the Connecticut Bar Association "Federal Practice Section Meeting: Using Zoom in Federal Courts."
On May 1, Christopher F. Droney will discuss effective advocacy before the federal circuit courts and take questions from Hartford County Bar Association moderators and registrants.
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Susan Huntington and Christopher Klimmek were quoted in Hartford Business Journal article, "Gov. Lamont's executive orders have helped CT beat back COVID-19, but some businesses want to curtail his powers."
Day Pitney's Michael Napoleone has been appointed to the Palm Beach County League of Cities board of directors.
Judge Christopher Droney was mentioned in Hartford Courant op-ed "In virus battle, one nursing home got it right," authored by Kevin Rennie.
Stan Twardy appeared on Channel 8 discussing retiring Connecticut Supreme Court Justice Dick Palmer.
Christopher Droney and Chase Rogers co-authored an article that discuss the differences before arguing in front of the Connecticut Supreme Court and Court of Appeals for the Second Circuit.