Briefing: The Biosecurity Mandate 2026
Caremark Reaches the HR Floor
Executive Summary Delaware’s Court of Chancery ruled on January 16, 2026 that a board’s failure to act in good faith on credible red flags of workplace sexual misconduct constitutes a viable Caremark breach, denying motions to dismiss against directors and...
Misconduct Silence Breaches Fiduciary Duty
Executive Summary Delaware’s Court of Chancery ruled in January 2026 that a board’s failure to respond in good faith to credible workplace sexual misconduct red flags can survive a motion to dismiss as a breach of fiduciary duty, and that a CEO who...
Delaware Locks In the SB 21 Safe Harbor
The Delaware Supreme Court has unanimously upheld the constitutionality of SB 21’s fiduciary safe harbor provisions, ending the legal uncertainty that has hung over every conflicted-controller transaction since the statute was enacted in March 2025. Every...