entity · derived

Scienter

4 claims across 2 works, 2013–2016.

Derived node: assembled mechanically from the claims carrying scienter. A roster, not an adjudicated definition.

Every claim under this term

• kaal-2013-acomparativeperspectiveo-007 2013 condition: Oversight liability in Delaware can be established only on a showing that the directors knew they were not discharging their fiduciary duties or consciously disregarded their responsibilities.
• 2811718-020 2016 failure: Deficient due diligence does not create securities fraud liability unless it is intentional or highly reckless; conduct that is merely negligent or professionally incompetent falls short of the scient
• 2811718-021 2016 failure: Failing to check publicly available documentation on an investment is irresponsible but insufficient to plead fraudulent intent, and failing to perform due diligence commensurate with industry standar
• 2811718-029 2016 failure: Claims in which investors use hindsight to second guess due diligence practices often fail, even when the manager was clearly incompetent.

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