Business Judgment Rule

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- Business judgment rule

More than 10.000 documents for Business Judgment Rule

- Cost-benefit analysis of the business judgment rule: a critique in light of the financial meltdown.
In 2008, the United States--indeed the whole world--suffered a devastating financial meltdown. We know now that a significant cause of the meltdown wa...
- Albany Law Review
- Vol. 74 Nbr. 1, September 2010
- Recent US case discusses the Business Judgment Rule.
The business judgment rule The business judgment rule is a defence to breach of the statutory duty of care and diligence in section 180 of the Corpo...
- Mondaq Business Briefing
- Nbr. 2011, January 2011
- Business Judgment Rule: Feeling New Pressures?
Tackling a written question, Justice Carolyn Berger startles the audience with a blunt observation: Courts might open board decisions on executive pay and bonuses to legal scrutiny if they "subvert basic values and standards," when such matters normally have been protected from challenge under the business judgment rule.
- Compliance Week
- Vol. 6 Nbr. 61, February 2009

- Business Judgment Rule Does Not Trump Unanimous Shareholders' Agreement.
Directors of a corporation cannot invoke the business judgment rule to justify decisions that violate a unanimous shareholders' agreement, the Ontario...
- Mondaq Business Briefing
- Nbr. 2010, January 2010
- D&O Insurance in Bankruptcy: Just Another Business Contract
In July 2008, bankruptcy courts across the US prepared themselves for a busy season. As many as 5,664 companies sought to liquidate or restructure that month alone, a 57% increase from the prior year. This Note looks behind the shield of D&O insurance and examines its treatment under the Bankruptcy Code. Part I provides an overview of the duties of directors and officers of a corporation, as well as the protections they receive under the business judgment rule and indemnification contracts. Part II explains the three different "sides" of D&O insurance policies. Part III discusses basic bankruptcy concepts including directors' and officers' duties in bankruptcy, automatic stay, and property of the estate provisions of the Code, as well as the treatment of contracts in bankruptcy....
- Fordham Journal of Corporate & Financial Law
- Vol. 14 Nbr. 4, July 2009
- Court Holds That The Business Judgment Rule Does Not Apply To Protect The Decisions Of Corporate Officers In California
In a recent decision of importance to all corporate officers doing business in California, a federal district court applying California law has reject...
- Mondaq Business Briefing
- United States Law Articles in English
- Dow Chemical Decision - Delaware Chancery Court Reaffirms Business Judgment Rule is Alive and Well in Delaware.
A few recent Delaware cases had cast doubt on the protections afforded to directors of a Delaware corporation. More recent decisions, however, seem to...
- Mondaq Business Briefing
- Nbr. 2010, January 2010
- Business Judgment Rule
A legal principle that makes officers, directors, managers, and other agents of a corporation immune from liability to the corpor...
- West's Encyclopedia of American Law
- Be
- Corporate Liability Exposure and the Potential Risk of Individual Director Liability Resulting From Employment-Related Decisions: An Analysis of Recent Case Law and Recommendations On Corporate Governance
During the past decade, there has been a virtual explosion of litigation against corporate directors for both public and privately held companies, focusing on directors breaching their duty of care. Derivative plaintiffs in duty of care cases seek to recover corporate losses on behalf of the corporation. As a shield, directors rely on the Business Judgment Rule, a doctrine created by courts that affords directors general deference to their decisions, so long as the decisions are rational and in the best interests of the corporation. This article discusses the expanding reach of the Business Judgment Rule and suggests numerous practices to narrow the risk of corporate liability. One of the most well-established corporate governance doctrines is the Business Judgment Rule. The Business Ju...
- Labor Law Journal
- Vol. 59 Nbr. 4, December 2008
- Dow Chemical Decision - Delaware Chancery Court Reaffirms Business Judgment Rule is Alive and Well in Delaware
A few recent Delaware cases had cast doubt on the protections afforded to directors of a Delaware corporation. More recent decisions, however, seem to...
- Mondaq Business Briefing
- United States Law Articles in English