News Brief

Law360 Quotes Thurston on a Delaware Court's Ruling Impacting D&O Insurance

February 10, 2023

James Thurston (Partner-Chicago) was quoted in a February 8, 2023, Law360 article, “McD's Ruling Likely Won't Lead to D&O Shakeup, Attorneys Say.” The article cited the Delaware Court of Chancery's ruling that a McDonald's officer had oversight obligations on a par with those of directors. Jim said that the "proverbial door" is still open for plaintiffs’ lawyers to launch Caremark-like oversight derivative claims. "While the derivative demand-made/ bad faith requirements may help prevent these suits from succeeding, it likely won't stop Delaware from being the 'go to' venue to file such lawsuits, particularly when so many companies are at least incorporated in Delaware."

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