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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 Furey authored the article, "Joint Representations: A Blessing or a Curse?" for the New Jersey Law Journal.
On December 17, Judge Christopher Droney served as a panelist for the Federal Bar Council webinar, "Remote Proceedings Update."
James Rotondo and Andrew Ammirati co-authored the article, "Ohio: 'Control' determines whether Amazon is subject to strict liability," for Westlaw Today.
On September 29, Christopher Droney and Chase Rogers provided appellate advice to the Appellate Advocacy Section of the Connecticut Bar Association. Judge Droney (ret.) and Justice Rogers (ret.) shared insights on the differences between state and federal appellate practice from their unique perspectives as former appellate jurists who are now in private practice.
Michael Furey authored the article, "Joint Representations: A Blessing or a Curse?" for the New Jersey Law Journal.
Judge Christopher Droney authored, "A Judge's Tips for Arguing Remote Appeals in the Second Circuit," for the Connecticut Law Tribune's online publication, Law.com.
Day Pitney Press Release
Stan Twardy was quoted in the Law360 article, "Barr's Special Counsel Pick Known For Not Caving To Politics."
Judge Christopher Droney was quoted in the Connecticut Law Tribune article, "What Are Some ADR Trends Since COVID-19?"