In the aftermath of the financial crisis, aggrieved shareholders are looking to their Boards for answers--and in some cases money. Under Delaware law, the Caremark decision was a defining moment in the development of the standard for director liability.
Podcast No. 2 focuses on the issue of whether directors of financial companies can be held personally liable for the financial crisis. It features Stephen Bainbridge, UCLA Law Professor, and a discussion of his paper, "Caremark and Enterprise Risk Management." After Professor Bainbridge's remarks, Delaware Vice Chancellor Leo Strine responds to the paper and adds fascinating commentary on this critical governance topic.
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