Ellen Shapiro

December 15, 2022 | New York Law Journal

Recent developments in the Court of Chancery concerning a corporate board's duty to monitor and provide oversight over a corporation's operations—so-called 'Caremark' claims—are likely to intersect with the SEC's proposed new ESG disclosure obligations to create a new category of corporate risk. This article discusses the recent trends in Delaware law that have led to a revitalization of 'Caremark' and the SEC's current proposals for enhanced ESG disclosure.

By Jacob H. Hupart, Douglas Baumstein, Jonathan L. Kravetz, Will G. McKitterick and Ellen Shapiro

8 minute read