entity · derived
Duty of care
Derived node: assembled mechanically from the claims carrying duty-of-care. A roster, not an adjudicated definition.
Every claim under this term
- 1558614-025 : The U.S. requirement that directors act on an informed basis is watered down because many states permit charter provisions exculpating directors from liability for breach of the duty of care, includin
- 2317580-001 : The traditional fiduciary duty doctrine is one of the most amorphous concepts in the law, and its indeterminacy produces confusion, inconsistency, and cases with problematic outcomes.
- 2317580-007 : The contractual obligations contained in CIAs can enhance directors' default fiduciary duties, expanding the duty of care for directors of health care corporations beyond the legal standard set by Car
- 2317580-026 : Because CIAs combine contractual and public enforcement, with the OIG enforcing them and private rights of action also available, they are more than contractual arrangements, and a breach of a CIA may
- 2317580-028 : Because CIAs mandate a chief compliance officer and dictate how that officer interacts with the board, they increase the board's knowledge and monitoring of compliance, and a board possessing such kno
- 2317580-036 : It is unclear whether corporations with CIAs will be uniformly affected, and future courts are likely to expand the basic legal duty of care only where the facts suggest that the CIA actually provided
- 2317580-039 : As a unique hybrid category, CIAs transcend both the law of fiduciary duties and aspirational corporate governance, and courts may come to interpret CIAs and other hybrid forms such as deferred prosec
- 2811718-022 : Defendants owe a duty to use reasonable care in conducting financial due diligence consistent with the standards of care in the profession.