Ep.105 – Roy Shapira on a New Caremark Era

Roy Shapira, associate professor at IDC Herzliya, joins the Business Scholarship Podcast to discuss his article A New Caremark Era: Causes and Consequences. Shapira observes that Delaware's Caremark doctrine, which has long imposed compliance duties on boards without much opportunity for shareholders to bring related claims, has entered a new era in a recent quartet of cases. He predicts that this turn of Caremark claims surviving motions to dismiss is the result of parallel developments around shareholders' Section 220 inspection rights. Shapira closes by highlighting the potential for a "new" Caremark to complement other compliance-enforcement mechanisms. This episode is hosted by Andrew Jennings, a teaching fellow and lecturer in law at Stanford Law School.