The evolution of the Caremark standard: oversight duties in regulated industries

Provenzano, Caterina (A.A. 2024/2025) The evolution of the Caremark standard: oversight duties in regulated industries. Tesi di Laurea in Law and economics (corporate and business law: antitrust and regulation), Luiss Guido Carli, relatore Pierluigi Matera, pp. 81. [Bachelor's Degree Thesis]

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Abstract/Index

From fiduciary duties to oversight liability: the doctrinal path to Caremark. The dichotomy of control and expertise inside a corporation. Introduction to the concept of good faith and its long-debated position inside the “triad”. Standard for oversight liability: the Caremark standard. Redrawing the boundaries of oversight: Caremark in motion. The convergence into Stone v. Ritter. Caremark progeny: possibly lowering the high bar? Caremark progeny: expanding the scope to officers. From doctrine to debate: a critical look at the Caremark standard. Greater receptivity to Caremark claims: permanent shift or illusory? The challenges of proving the Caremark standard. From control to expertise: section 220 and its revolution. The evolving scope of Caremark oversight liability. Oversight in highly regulated industries: defining mission-critical risks. Emerging cybersecurity threats as basis for Caremark: in construction industry laborers pension Fund v. Bingle. Emerging risks and the expanding scope of oversight duties: cybersecurity threats.

References

Bibliografia: pp. 73-81.

Thesis Type: Bachelor's Degree Thesis
Institution: Luiss Guido Carli
Degree Program: Bachelor's Degree Programs > Bachelor's Degree Program in Economics and Business, English language (L-33)
Chair: Law and economics (corporate and business law: antitrust and regulation)
Thesis Supervisor: Matera, Pierluigi
Academic Year: 2024/2025
Session: Summer
Deposited by: Alessandro Perfetti
Date Deposited: 05 Dec 2025 13:31
Last Modified: 05 Dec 2025 13:31
URI: https://tesi.luiss.it/id/eprint/44264

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