Boeing Decision Underscores Need for Board Oversight of “Mission Critical” Product Safety Risks – And Documentation Demonstrating This Oversight

The Delaware Court of Chancery’s recent decision denying a motion to dismiss in In re The Boeing Company Derivative Litigation serves as a reminder to directors and their counsellors of the importance of board and board committee level oversight and monitoring of “mission critical” product safety risks – as well as the importance of documenting these efforts in a manner that can be produced to stockholders making demands for books and records. In this Securities Litigation Alert, we discuss the litigation ramifications of this decision, particularly in regards to Section 220 of the Delaware General Corporation Law.

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