Litigating Caremark Claims in a Shareholder Derivative Action | Practical Law
A Practice Note discussing breach of the duty of oversight claims, also known as Caremark claims. This Note analyzes the elements of a Caremark claim, pre-suit steps, such as making a board demand and requesting a books and records inspection, how to bring and plead a Caremark claim as a shareholder derivative action under both prong one and prong two of Caremark, and how to defend against Caremark claims.