The Delaware Chancery Court’s decision in In re Caremark was and is a landmark decision. This brief Commentary takes a look back at Caremark on three issues that pertain to its contemporary relevance inside the corporate boardroom: (1) framing the cost-benefit assessment on the question of how much to spend on compliance; (2) how and when to force certain compliance matters to real-time board-level attention; and (3) using selection, promotion, and compensation decisions to influence the culture and risk-taking “temperature” of the firm.
90 Temple L. Rev. 727-742 (2018)
Scholarly Commons Citation
Langevoort, Donald C., "Caremark and Compliance: A Twenty Year Lookback" (2018). Georgetown Law Faculty Publications and Other Works. 2040.