Caremark Week: Teligent's Collapse (Part Two)
A case study in regulatory oversight failure turns to prong two
On Monday, I posted the first part of a two-parter on a recent-ish noteworthy decision by Chancellor Kathaleen McCormick, Giuliano v. Grenfell-Gardner (Del. Ch. Sept. 2, 2025), applying the Caremark doctrine to a case of gross regulatory oversight failure.
That post provided the background and discussed the prong one claim. In this post, I turn to the prong two claim against the board, the claims against the officers, and draw some lessons from the decision.
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