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Email Last year, we discussed how stockholder complaints concerning environmental, social, and governance (“ESG”) issues were making their way to the courtroom and, specifically, how the Delaware Court of Chancery and Supreme Court had, after a period of dormancy, revitalized the potential for director liability for failures of oversight as articulated in In re Caremark Int’l Derivative Litigation. Caremark and its progeny articulated an obligation on the part of directors to implement effective “reporting or information system or controls” and to monitor them such that the board addresses “red flags” indicating potential misconduct. https://www.cadwalader.com/resources/clients-friends-memos/the-ramifications-of-the-delaware-court-of-chancerys-mcdonalds-decision--beyond-holding-that-caremark-oversight-obligations-apply-to-corporate-officers